EU Court of Justice · 1 October 2019

Planet49

In plain English

A pre-ticked checkbox does not give valid consent to cookies. This is so whether or not the cookie data are personal data, and users must be told how long cookies last and whether third parties can access them.

  • Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V. v Planet49 GmbH
  • Case C-673/17
  • ECLI:EU:C:2019:801

What the court ruled

the consent referred to in those provisions is not validly constituted if, in the form of cookies, the storage of information or access to information already stored in a website user's terminal equipment is permitted by way of a pre-checked checkbox which the user must deselect to refuse his or her consent.

Judgment of 1 October 2019, Planet49, C-673/17, EU:C:2019:801, operative part, point 1EUR-Lex

Related

The official text is quoted word for word from the English version of the source named under it; only the version published in the court’s own records is authoritative. The plain-English line is Fino’s own summary, not legal advice.