The Court of Justice of the European Union has made a judgment in which they create clarity regarding the requesting of consent when placing cookies. The verdict amounts to the fact that it is forbidden to obtain implicit permission from users to place cookies. Here they mainly indicate a number of practices that are not allowed. The Court ruled that a pre-checked statement of the consent of users to cookies does not qualify as a correct consent mechanism under the GDPR and that the consent of users for cookies on their device must be active and explicit. This explicit permission is also required if the cookies do not collect or process personal data from users. In addition, before giving consent, users must also be informed of the duration of the storage of the cookies and whether the data arising from the cookies will be transferred to third parties.
SMEs be warned and adjust your cookieconsent banner accordingly!
Read more about the ruling here: