Tracing cookies only with active consent

Tracing cookies only with active consent

A recent sentence of the European Court of Justice would have established that websites can use i cookie for tracking users' browsing habits only after obtaining active consent from users, where "active consent" means explicit confirmation of the intention to transfer this type of information.

The judges' decision would have been expressed with respect to the case he was allegedly involved Planet49, a German platform dedicated to games with prizes. In the specific case, the Internet sites belonging to the group network would have presented a pre-selected check box with which permission to track was granted.

In discussion, therefore, there would have been no aspects related to transparency, the checkbox in fact presented the details regarding the data processing for the purposes of advertising, but the methods through which consent was obtained. In fact, a pre-selected box would not allow confirmation that the consent was active.

According to the current European regulations on privacy, in the opinion of the Court of Justice the only acceptable mechanism should therefore be that of theopt-in: the user can, if he wishes, give his consent to the tracking, on the other hand he should not be required to deselect a checkbox to deny such consent.

Again according to the judgment of the judges, consent should not only be active but also "specific" and "informed", this means that access to a service alone cannot be interpreted as a free will to authorize the processing of personal data for purposes marketing or advertising by a company.

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