Court of Justice of the European Union Advocate General Maciej Szpunar wrote in a non-binding opinion a website has not gathered valid consent when it requires a user to deselect a pre-checked box, The Register reports. Szpunar’s opinion was in response to a case where an online lottery hosted by Planet49 asked individuals to consent to cookies. The box was filled in, but patrons did not need to agree to cookies in order to participate in the lottery. Szpunar determined it "virtually impossible to determine objectively" whether users gave consent based on the situation. "Participation in the lottery was not conditional upon giving consent to the installation of and gaining access to cookies," Szpunar wrote. "But, to the best of my knowledge, at no point was the user informed of this."
If you want to comment on this post, you need to login.