Understand the CJEU’s Planet 49 judgment and its impact on pre-ticked boxes for cookie Consent under the GDPR. Learn why they are not considered valid consent.

Question

What ruling did the Planet 49 CJEU Judgment make regarding the issue of pre-ticked boxes?

A. They are allowed if determined to be technically necessary.
B. They do not amount to valid consent under any circumstances.
C. They are allowed if recorded in the register of processing activities.
D. They constitute valid consent if the processing is necessary for purposes of legitimate interest.

Answer

B. They do not amount to valid consent under any circumstances.

Explanation

The Planet 49 ruling by the Court of Justice of the European Union (CJEU) determined that pre-ticked boxes for cookie consent do not constitute valid consent under the GDPR. The court emphasized that consent must be freely given, specific, informed, and unambiguous. Pre-ticked boxes fail to meet these requirements as they do not demonstrate a clear and affirmative action by the user.

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