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According to the European Union Court of Justice, the pre-checked box indicating consent to the placement and display of cookies on a user’s device is not in compliance with GDPR. The user must actively and expressly agree to the placement of the cookie by checking the box, and not vice versa. In this case, it is irrelevant whether the information stored or viewed is personal data.
The aim of the EU law is to protect internet users from an intrusion into their private sphere, in particular from invisible identifiers or other devices entering a user’s device without their explicit consent and knowledge. For the consent for the storing of cookies to be valid, it must be granted by active action, i.e. by the user checking the box. Furthermore, the Court of Justice also dealt with the service provider’s obligation towards information that must be provided to the user. These obligations include the functionality of cookies, and the possibility of third parties accessing the data collected.
The EU Court of Justice has begun to address the issue of cookies at the request of the German Federal Court of Justice, which is dealing with the case of an advertising lottery on the Planet49 GmbH website. To participate in this lottery, Internet users were required to provide their postal code, which redirected them to a website where they were required to enter their name and address, and had a pre-checked box for accepting cookies. However, according to a subsequent ruling by the Court of Justice of the EU, consent by way of a pre-checked box is not sufficient, and the box must be checked by the user’s own action.
This ruling of the Court of Justice of the EU is legally binding on all EU Member States, and the use of cookies must continue to take into account all the requirements set by GDPR.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."