The Court of Justice of the European Union has issued its Planet 49 decision.

Key takeaways:

  • A pre-checked check box is not sufficient consent for the placement of cookies.
  • You need active consent whether or not cookies collect personal data.
  • The fact that a user activates the promotional game participation button is not sufficient to consider that the user has validly given his consent to the placement of cookies.
  • The expression of intention must be specific to the data processing.
  • Cookie disclosure must be clearly understandable and detailed enough to allow the user to understand how cookies are used.
  • Cookie disclosure must include at least:
    • identity of the controller (or multiple controllers)
    • the purposes of the processing
    • the duration of operation of cookies, and
    • the possibility or not for third parties to access these cookies.

Read the full text of the decision.