Consent Requirements Regarding Cookies (Planet49 Case) (CJEU)

On 1st October 2019, the Court of Justice of the European Union ("CJEU") decided that a pre-checked box which users must deselect to refuse the storage and access to cookies on their terminal equipment is not a valid consent. Storing and accessing cookies therefore requires the Internet user's active consent.

In this case C-673/17 (Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V), the CJEU confirmed Advocate General Szpunar's Opinion issued on the 21st March 2019.

The Court also confirmed that the information to be provided to users must include the information whether or not...

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