Ground-breaking decision – the European Court of Justice has ruled that the consent to cookies must be given actively

Schaffer News

On 1 October 2019, the European Court of Justice in Luxembourg issued a ground-breaking decision on the lawful use of cookies.

In the judgement, the Court defined how the user must give consent to the use of cookies. According to the Court, the user needs to give consent to the use of cookies actively.

This requirement is not met if the user consent box has been ticked in advance. The user must actively tick the box if he/she agrees to the storage of cookies.

It does not matter whether or not data of personal nature is processed within cookies. Clear consent must always be given. Otherwise, cookies cannot be stored and used.

The interpretation of the European Court of Justice is binding on all Member States, including the Czech Republic. We therefore recommend that all Czech entities check that the consent to the storage of cookies on their website complies with the above interpretation.