On October 1 2019, the Court of Justice of the European Union (CJEU) issued its decision in the Planet49 case. The decision confirms much-anticipated and relevant principles regarding the use of consent for the processing of personal data and the use of cookies. Notably, it confirms that pre-ticked boxes do not constitute a legally valid consent, in line with the General Data Protection Regulation (GDPR).

However, the decision does not provide answers to some of the key issues that publishers and other companies with an online presence struggle with. Questions surrounding so-called cookie walls[1], or whether consent may be obtained by the mere action of browsing on a website (for instance, accompanied with a notice or pop-up, such as “if you scroll down…” or “if you continue browsing on this website…”), are still outstanding.
Continue Reading The Planet49 Decision: Key Takeaways