New ruling on cookie consent

9 October 2019

Most people know that cookies on websites store information. But for how long? And how many people or companies have access to this information? A new court ruling will hopefully shed some light on questions like these and the rules regarding cookies in general.

On Tuesday, October 1, 2019, the CJEU issued its ruling regarding consent requirements with respect to cookie compliance, (Planet49, C‑673/17). In summary, the court concludes that consent to the storage of information or access to information through the use of so-called cookies that are already stored in the website user’s terminal equipment is not valid when the consent is the result of a pre-checked box, regardless of whether the information in question constitutes personal data or not. The court also clarifies that a service provider must inform the website user about the duration of the cookies and whether third parties will have access to them.

The outcome of the case was expected, but is nevertheless a welcome clarification on how the rules regarding cookies should be interpreted and applied. However, some questions regarding the use of cookies remain unanswered, including the question regarding the permissibility of so-called cookie walls (i.e. that an internet user must accept cookies in order to access a website). Several national data protection authorities have concluded that cookie walls are not in compliance with the rules of the GDPR, but no established practice exists as of yet.

Zacco’s TechLaw team offers expert knowledge in these and other tech-law related matters and can assist you in making sure that your website complies with all relevant regulations.