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European Court of Justice rules over Cookie Law

  • The judges rule that users must actively consent to cookies 
  • If a box has been checked by default the website does not comply to the GDPR legislation.

The European Court of Justice ruled today that website users in the EU have to actively consent to the placement of third party tracking cookies.

A cookie banner that has the marketing/third party cookies box checked by default is not sufficient anymore.

In today’s judgment, the Court ruled that the permission a user of the website must give to the storage of and access to cookies on his or her equipment is not valid through a pre-checked check box that the user must uncheck to refuse his/her permission.
This decision is not influenced by whether or not the stored or requested information on the user’s site is personal data.
The purpose of EU law is to protect the user against any form of interference in his or her private life, in particular by the risk that hidden identifiers and other similar devices in these end users’ end devices without their knowledge.
In addition, according to the court, the information that the service provider must provide to a user must include the duration of the operation of cookies and whether or not third parties have access to the cookies.

Read the official release here.

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