ARTICLE · 14 JANUARY 2020

CJEU: Consent On The Internet Means "Opting In"

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On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting how consent is obtained on the internet

European UnionPrivacy

Eduardo Ustaran

Introduction

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting how consent is obtained on the internet.

The judgment relates to the Planet49 case,¹ where the German Federal Court referred a number of questions to the CJEU about the validity of consent to cookies placed by a website operating an online lottery. The questions referred to the CJEU were

Does a pre-checked box allow for valid consent to be obtained for the placement of cookies?
Does it matter whether information stored or accessed using cookies constitutes personal data?
Must users be provided with information about the cookies' duration of operation and whether third parties are given access to them?

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