Europe’s top court has ruled that pre-checked consent boxes for dropping cookies are not legally valid.
Consent must be obtained prior to storing or accessing non-essential cookies, such as tracking cookies for targeted advertising. Consent cannot be implied or assumed.
Online companies in the EU can no longer present internet users with a pre-checked box telling them cookies will be planted on their smartphone or computer if they don’t deselect the option, under a ruling issued Tuesday.
The decision by the European Court of Justice means that users need to give “active consent” — rather than opt-out of an automatic default that would otherwise plant cookies in their device’s system.