Explore the CJEU’s Planet 49 decision and its impact on Cookie consent under GDPR and the ePrivacy Directive. Learn how this ruling affects website compliance and user privacy.

Question

In the Planet 49 case, what was the main judgement of the Court of Justice of the European Union (CJEU) regarding the issue of cookies?

A. If the cookies do not track personal data, then pre-checked boxes are acceptable.
B. If the ePrivacy Directive requires consent for cookies, then the GDPR’s consent requirements apply.
C. If a website’s cookie notice makes clear the information gathered and the lifespan of the cookie, then pre-checked boxes are acceptable.
D. If a data subject continues to scroll through a website after reading a cookie banner, this activity constitutes valid consent for the tracking described in the cookie banner.

Answer

B. If the ePrivacy Directive requires consent for cookies, then the GDPR’s consent requirements apply.

Explanation

The CJEU’s judgment in the Planet 49 case clarified that the ePrivacy Directive and the GDPR work in tandem concerning cookie consent. When the ePrivacy Directive mandates consent for storing or accessing information on a user’s device (such as cookies), that consent must adhere to the stricter standards defined in the GDPR. This means:

• Unambiguous and affirmative action: Pre-ticked boxes or inactivity do not constitute valid consent.
• Informed consent: Users must be clearly informed about the purpose of cookies and the data processing involved.
• Specific and granular: Consent should be obtained for distinct purposes, not bundled together.
• Freely given: Users must have a genuine choice to accept or reject cookies without detriment.

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