ARTICLE · 08 NOVEMBER 2019

CJEU: Pre-Checked Consent To The Use Of Cookies Is Inadmissible

HEUKING

On October 1, 2019 the Court of Justice of the European Union (CJEU) ruled that pre-ticked boxes do not constitute a valid consent by web users prior to storing cookies on their devices

GermanyPrivacy

Thomas Jansen

Britta Hinzpeter, LL.M.

On October 1, 2019 the Court of Justice of the European Union (CJEU) ruled that pre-ticked boxes do not constitute a valid consent by web users prior to storing cookies on their devices (Verbraucherzentrale Bundesverband e.V. and Planet49 GmbH; Case C-673/17). The decision follows a challenge by the German Federation of the Consumer Organisations against the use of a pre-ticked checkbox which had, by default, consented to cookies on behalf of the user.

Background

The case at hand arose from a lottery organised by Planet49 GmbH, on its website. In order to register as a participant, the website users were required to enter their names and addresses. Beneath the input fields for the address, were two sets of checkboxes.

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CJEU: Pre-Checked Consent To The Use Of Cookies Is Inadmissible

Background

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