In the Planet 49 case, what was the main judgement of the Court of Justice of the European Union (CJEU) regarding the issue of cookies?

Question

Options

• AIf the cookies do not track personal data, then pre-checked boxes are acceptable.
• BIf the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements
• CIf a website's cookie notice makes clear the information gathered and the lifespan of the cookie,
• DIf a data subject continues to scroll through a website after reading a cookie banner, this activity

• A
  17% (8)
• B
  73% (35)
• C
  6% (3)
• D
  4% (2)

Explanation

The CJEU ruled that the consent required by the ePrivacy Directive for the use of cookies must comply with the conditions laid down in the GDPR, which means that it must be specific, informed, unambiguous, and freely given. Therefore, pre-checked boxes or implied consent by scrolling are not valid forms of consent for cookies. The CJEU also clarified that the ePrivacy Directive applies to any information stored or accessed on a user's device, regardless of whether it is personal data or not. Furthermore, the CJEU stated that the information provided to users about cookies must include the duration of the operation of cookies and the possibility of third parties accessing them.

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