, ,

Cookiebot: what changes after Planet 49 decision?

Cookies are a tricky topic for web professionals. Essential to the sites that use them, annoying to the consumers who agree to them, and misunderstood by plenty of people on both sides. The GDPR has indirectly imposed higher standards for cookie usage – in particular what constitutes valid consent and transparency.

The  Court of Justice of the European Union (CJEU) has issued a landmark decision on the Planet49 case, an important case regarding the rules applicable to cookies. This decision may impact your cookiebot settings and cookie policy. So it’s time to find out how Cookiebot change after “cookie decision?

The case

Planet49, an online gaming company registered in Germany, hosted a lottery on its website. In order to participate in the lottery, users were required to enter name and address. Beneath the input fields for the address were two sets of checkboxes.

The first checkbox was not pre-ticked, and it was meant for the participant to consent to being contacted by certain sponsors about their commercial offers. The second checkbox was pre-ticked, and it was meant for the participant to consent to have cookies placed on his device for the purposes of providing targeted ads to the participant.

According to the rules of the lottery, participation was only possible if the participant ticked at least the first checkbox.  Such approach was claimed to infringe the EU rules on informed and freely given consent. The case reached Germany’s Federal Court of Justice, which then referred the case before the CJEU

Key takeaways from the recent CJEU decision on cookies

🔹️The EU Court of Justice confirmed today in its decision on the Planet49 case that the placing of cookies requires active consent of the internet user.

🔹️Active consent is not validly constituted by way of a pre-checked checkbox which that user must de-select to refuse his or her consent.

🔹️Consent must be specific. The fact that a user selects the button to participate in a promotional online lottery is not sufficient for it to be concluded that the user validly gave his or her consent to the storage of cookies.

🔹️It doesn’t matter if the information stored or accessed on the user’s equipment is personal data. EU law aims to protect the user from any interference with his or her private life, in particular, from the risk that hidden identifiers and other similar devices enter those users’ terminal equipment without their knowledge.

🔹️The user must be informed about the duration of the operation of cookies and whether or not third parties may have access to those cookie (this may impact your cookie policy).

🔹️Interestingly, the Court was not asked – and so did not rule on – whether a data subject can be required to consent to processing of personal data for advertising purposes in order to participate in a promotional lottery. That leaves a big open question with significant implications for ad-funded content.

How Cookiebot settings change after “cookie decision“⁉️

If your cookiebot has every cookie category (analytics, profiling, etc.) pre-checked, well it might be the case to consider changing your settings. According to the Court only technical cookies are considered necessary and can be pre-activated. However, the different Data Protection Authorities across Europe have different interpretation of what constitutes technical cookies and when consent is required. Furthermore the ePrivacy Regulation is coming and it may change the scenario again. Meanwhile the ICO (U.K. Data Protection Authority) recently issued a Guidance on a GDPR compliant cookie strategy. Grab it on TechnoLawgy channel on Telegram.

For more info drop me a line via Twitter –  Fb or Telegram  

If you think this information is valuablerepay my effort and share it on your #SocialMedia, Be Influent! 

Also don’t miss my Telegram channel @TechnoLawgy for the latest #Privacy and #TMT news!

, , ,

ePrivacy Regulation: top 4 hot changes for 2018

The e-Privacy Regulation is the next Big Buzz after the GDPR hype is going to slow down. What is it all about ? What changes in Direct Marketing and Cookies?

 

Let’s find out! Continua a leggere