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.