No Consent, No Cookie! CJEU Issues Far-Reaching Decision On Cookie Consent

In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that "passive" acceptance of cookies through prechecked boxes, or by posting a banner and assuming consent with continued browsing of the website, is not an acceptable form of consent. According to the CJEU, "consent" requires active behavior in the form of interaction with the banner, or some other affirmative action indicating consent. The court held that website operators must ensure this level of consent prior to placing any cookies that require consent for storing or accessing information stored on the user's device. The court's decision removes all legal ambiguities on the level of consent required for cookies, and website operators are wise to review their use of cookies as a result.