There is no effective website consent for the reader to store cookies if the box to tick appears with a pre-set check mark. Permission to set cookies requires active consent of the internet user, the Court of Justice of the European Union emphasized in a ruling of 01.10.2019 (Ref.: C-673/17), i.e. the reader must set it themselves.
The Court ruled that the consent required for the storage and retrieval of cookies on a website visitor’s device is not effectively given by a pre-ticked checkbox that the user must deselect to refuse consent. It makes no difference whether the information stored or retrieved in the user’s device is personal data or not. Neither an “opt-out” nor a “soft-opt-in” (continue surfing) solution constitutes legally effective consent.
Union law should protect the user from any interference with his or her privacy, in particular against the risk of “hidden identifiers” or similar instruments penetrating his or her device. Consent must therefore be given for the specific case. Pressing the button to participate in the competition does not constitute effective consent by the user to the storage of cookies. In this context, the service provider is obliged to provide the user with information on the duration of the cookies and the possibility of access by third parties. It makes no difference whether the data stored is personal or anonymous.
