Active Consent Needed For Tracking Cookies, EU Court Says

Law360 (October 1, 2019, 11:26 AM EDT) -- Companies must get active consent from internet users before using cookies to track their browsing activity, the European Union's top court found Tuesday, in a ruling likely to have ripple effects across the online advertising ecosystem.

The European Court of Justice found that German lottery company Planet49, which had a pre-ticked checkbox authorizing it to use cookies to track users who signed up for online promotional games, did not get legally valid consent from users. Planet49 used that data to target its users with advertisements from its partners.

The German Federal Court of Justice had asked the EU court to hear...

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