Natasha Lomas wrote an article for TechCrunch titled Europe’s top court says active consent is needed for tracking cookies.
« Europe’s top court has ruled that pre-checked consent boxes for dropping cookies are not legally valid. Consent must be obtained prior to storing or accessing non-essential cookies, such as tracking cookies for targeted advertising. Consent cannot be implied or assumed. »
« In a punchily brief press release the court writes: “…EU law aims to protect the user from any interference with his or her private life, in particular, from the risk that hidden identifiers and other similar devices enter those users’ terminal equipment without their knowledge… Furthermore, according to the Court, the information that the service provider must give to a user includes the duration of the operation of cookies and whether or not third parties may have access to those cookies.” »
« So, to sum up, pre-checked consent boxes (or cookie banners that tell you a cookie has already been dropped and pointlessly invite you to click ‘ok’) aren’t valid under EU law. »
« Furthermore cookie consent can’t be bundled with another purpose (in the Planet49 case the promotional lottery) — at least if that fuzzy signal is being used to stand for consent. »