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.

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