Analysis

EU Cookie Ruling Tightens Leash On Ad Tech Staple

By Ben Kochman (October 9, 2019, 5:35 PM EDT) -- The online advertising industry was put on notice last week in an explicit warning from the European Court of Justice: get specific consent to track users with web cookies, or face potential enforcement action for flouting privacy rules.

Users presented with a pre-checked box authorizing cookies while they visit a website or carry out some other action, like signing up for a sweepstakes, cannot truly consent to tracking, the EU's top court found. Companies need to instead obtain "active" consent, the court wrote, meaning users need to be able to click separately on a button approving the tracking.

The decision stems from a...

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