Global Data Review
In a Global Data Review article, Morrison & Foerster partner and Global Privacy & Data Security Practice co-chair Alex van der Wolk discussed the European Court of Justice ruling that says the use of tracking cookies requires active consent.
Alex said that the ruling reiterates the Advocate General’s opinion as well as guidance from regulators. “The bottom line is that all signs are pointing towards more explicit forms of cookie consent, and this is now essentially affirmed by the ECJ.”
He added that websites should be wary of relying on any form of implied consent. “Essentially, websites should be asking themselves: ‘Is there a clear enough act by which consent is signified?’ Ambiguity is recommended to be avoided.”