Storing cookies requires internet users’ active consent

“Storing cookies requires internet users’ active consent. A pre-tick box is therefore insufficient.”

So begins the CJEU’s press release in respect of the Court’s judgment in the Planet49 case (C-673/17). Whilst publication of the English language judgment is awaited the Court has confirmed that storage of and access to cookies on a user’s equipment requires the user’s consent. Users must not be required to take active steps to indicate that they do not consent. Consent must be specific. It will not be specific if a single consent is sought in respect of a bundle of disparate activities. In order to enable valid consent users must be provided with details of the duration of operation of cookies and whether third parties may have access to those cookies.

The Court’s findings were foreshadowed by the Advocate General’s earlier opinion in the case. Organisations will need to look at their approach to the use of cookies on their websites and modify that approach where necessary to comply with the principles which the Court has clarified.


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.