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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!