The Planet 49 CJEU Judgement applies to?

Question

Options

• ACookies used only by third parties.
• BCookies that are deemed technically necessary.
• CCookies regardless of whether the data accessed is personal or not.
• DCookies where the data accessed is considered as personal data only.

• A
  2% (1)
• B
  9% (4)
• C
  84% (36)
• D
  5% (2)

Explanation

The Planet 49 CJEU Judgement applies to cookies regardless of whether the data accessed is personal or not. The Court of Justice of the European Union (the CJEU') delivered this judgement on 1 October 2019, in response to a request for a preliminary ruling from the German Federal Court of Justice (the Bundesgerichtshof') . The case concerned the validity of consent for the use of cookies and similar technologies under the e-Privacy Directive and the GDPR. The CJEU ruled that Article 5 (3) of the e-Privacy Directive, which requires consent for the storage of, or access to, information stored in the user's terminal equipment, applies to any information installed or accessed from an individual's device, regardless of whether it constitutes personal data or not. The Court reasoned that the aim of the provision is to protect the user from interference with his or her private sphere, which may occur irrespective of the nature of the information stored or accessed. Therefore, the consent requirement applies to all cookies and similar technologies, except for those that are strictly necessary for the provision of a service explicitly requested by the user. The CJEU also clarified that the consent required for cookies under the e-Privacy Directive must comply with the standard of consent under the GDPR, which means that it must be freely given, specific, informed and unambiguous, and given by a clear affirmative action. The Court held that a pre-ticked checkbox does not constitute valid consent, as it does not imply active behaviour by the user. The Court also stated that the user must be provided with clear and comprehensive information about the cookies, including their duration and whether third parties will have access to them.

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