Need to change your cookie policy following judgement from European Court of Justice?

The judgement in the Planet 49-case from the European Court of Justice demonstrates that many companies do not fulfil information and consent requirements regarding the use of cookies. The court clarifies that:

1) pre-checked consent boxes are not suitable for collecting valid consents;

2) the cookie legislation should apply regardless of whether the retained or obtained information from the user’s device constitutes personal data or not; and

3) the information to concerned users (e.g. a Cookie Policy) should contain information about the duration of the operation and whether third parties may have access to the cookies.

Need to update your Cookie Policy?

Contact Setterwalls’ team within IT law and data protection.