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ARTICLE · 10 OCTOBER 2019

Ruling From Europe's High Court: "Active" Consent Required For Cookies

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Court of Justice of the European Union (CJEU) – the European Union's equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may ...

European UnionPrivacy
Cynthia Larose
Cynthia Larose
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The Court of Justice of the European Union (CJEU) – the European Union's equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie consent practices if your website is available to EU users. The bottom line: those pre-ticked boxes for "consent" to the use of cookies are not valid means to obtain consent. Further, if your site utilizes a "cookie banner" that basically says "by using this website you agree to our use of cookies as described in our Cookie Policy," that will also need to be revamped. Consent may not be implied or assumed according to the CJEU. Only express consent to the setting of tracking cookies will be considered valid, and the disclosure and consent must be obtained before any cookies are set.

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