EU: CJEU issues decision on Planet49 case
The Court of Justice of the European Union ('CJEU') issued, on 1 October 2019, its decision on the Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (C-673/17) ('the Decision'). In particular, the Decision concluded that consent is not validly given when the storage of information or access to information already stored in the terminal equipment of the user of a website, by the cookie intermediary, is authorised by means of a box ticked by default that the user must uncheck to refuse to give their consent under Articles 4(11) and 6(1)(a) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Furthermore, the Decision noted that the information which the service provider must give to the user of a website includes the duration of operation of cookies, and the possibility for third parties to access the cookies.
You can read the Decision here.