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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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Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."