On 1 October 2019, the Court of Justice of the European Union (CJEU) delivered its ruling on the so-called ‘Planet49 case’.
The CJEU also noted that users should be informed of both the duration of the operation of the cookies as well as information relating to whether or not third parties are able to access the cookies in order to meet the “requirement of fair data processing”.
The case follows a report by Ruhr-University Bochum and the University of Michigan published just weeks before which found that out of a sample of approximately 5,000 cookie notices, a shocking 86% offered users no options other than confirmation buttons that did not do anything (i.e. users had no choice).
An English version of the full decision is available here.
if, in the form of cookies, the storage of information or access to information already stored in a website user’s terminal equipment is permitted by way of a pre-checked checkbox which the user must deselect to refuse his or her consent.