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CJEU on cookies: ?Consent or be tracked? is not an option

September 20, 2019 In Design News,Digital Freedom

On 1 October 2019, the Court of Justice of the European Union (CJEU)
gave its ruling on “cookie consent” requirements. European Digital
Rights (EDRi) welcomes the CJEU’s confirmation that under the current
data protection framework, cookies can only be set if users have given
consent that is valid under the General Data Protection Regulation
(GDPR). This means consent needs to be given by a clear affirmative act
establishing a freely given, specific, informed and unambiguous
indication of a user?s agreement.

“‘Consent or be tracked’ is not an option. The CJEU ruling spells it out
for the industry and calls for clear rules on confidentiality of our
communications,” said Diego Naranjo, Head of Policy at EDRi. “EU Members
States need to finally move forward with legislating this practice, and
take the much needed ePrivacy Regulation out of the EU Council’s closet.”

This ruling is a positive step towards protecting people from hidden
commercial surveillance techniques deployed by the advertisement
industry. It is, however, crucial to also urgently finalise the new
ePrivacy Regulation that complements the GDPR in strengthening the
privacy and security of electronic communications.

CJEU press release: Storing cookies requiresinternet users? active
consent – A pre-ticked checkbox is therefore insufficient (01.10.2019)

CJEU ruling C-673/17 (01.10.2019)

Video: Cookies (05.09.2016)

EU Council considers undermining ePrivacy (30.06.2018)

Civil society calls Council to adopt ePrivacy now (05.12.2018)

Freedom to be different: How to defend yourself against tracking

e-Privacy revision: Document pool