The Way the Cookie Crumbles: CJEU Clarifies European Data Protection Rules for the Use of Cookies

On October 1, 2019, the Court of Justice of the European Union issued a decision outlining the requirements for a user to consent to a service provider’s use of cookies.

The Court held that active consent is required, and thus requiring a user to deselect a pre-checked tracking cookie notice in order to disallow the use of cookies does not sufficiently constitute consent to the collection and use of data under EU law.

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