Users Need to Consent to Online Tracking Cookies: EU Court

silversurfer

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Aug 17, 2014
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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.

The EU court was responding to a German court's request for interpretation of an EU law protecting privacy through electronic communications.

It arose from a challenge lodged by a German consumer federation against a German company, Planet49, which presented users wanting to play its promotional lottery with a pre-checked cookie box.

The tracking cookies were to gather information on the users for advertising products from Planet49's commercial partners -- a common method by online companies.

But the court determined that "consent must be specific" and pressing a website button to participate in a lottery "is not sufficient for it to be concluded that the user validly gave his or her consent to the storage of cookies".
 

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