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ECJ: Cookies require users” active consent

ECJ: Cookies require users” active consent

ECJ: Cookies require users" active consent

The use of cookies on websites requires users” active consent. That was the verdict of the ECJ in a ruling from October 1, 2019 (Az.: C-673/17).

Users regularly encounter what are referred to as “cookies” on websites online. These are used for storing information on a user”s hard drive. We at the commercial law firm MTR Rechtsanwälte note that this makes recognizing users and their preferences quicker when they revisit a website.

It is also common for users to come across pre-checked boxes on websites that indicate consent to the use of cookies. According to the ECJ”s ruling, this is not allowed. The Court made it clear that the user must provide active consent in each instance and that consent is not validly constituted by the user failing to deselect a pre-checked box to refuse his or her consent. The ECJ went on to state that the user participating in a promotional lottery does not constitute valid consent to the storage of cookies either. Moreover, the service provider must provide information concerning the duration of the operation of cookies and whether or not third parties may have access to those cookies.

A lot of website operators will have to adjust their online presence following the ECJ”s ruling. Lawyers with experience in the field of IT law can offer advice.

MTR lawyers is an international full service law firm. The lawyers counsel on corporate and commercial law, business law, tax law, IT law and IP law and distribution law. The law firm advises international companies, corporations, mid-sized businesses and private clients worldwide. MTR Rechtsanwaelte can be found in Berlin Bonn Cologne Duesseldorf Frankfurt Hamburg Munich Stuttgart, Germany

MTR Rechtsanwälte
Michael Rainer
Augustinerstraße 10
50667 Cologne
+49 221 2927310
+49 221 29273155

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