07 Oct The Court of Justice of the European Union Issues a Ruling on Cookie Consent Requirements
Written by: Rich Sheinis, Esq.
The Court found that consent requires active, rather than passive, behavior. Failing to un-tick a pre-ticked box is not considered an active behavior giving consent. Although the decision was rendered largely on the basis of the consent requirements of the ePrivacy Directive, the Court noted that Recital 32 of the GDPR specifically states that ticking a box, as opposed to de-selecting a box, when visiting a website is an example of how valid consent can be obtained.