In a new decision (case C673/17), the CJEU clarified an essential issue for website operators. The decision, states that a pre-ticked checkbox does not constitute effective consent to the legitimate use of cookies. This also applies to the use of cookies that do not process personal data. Moreover, it must be assumed that the frequently used banners, which simply can be clicked away or are left standing while the website is are already processing data at this point in time, do not meet the necessary requirements for an effective consent either. Data processing is only allowed following a clear and active behaviour on the part of a website user, which expresses his or her consent to the data processing. From a technical point of view, it will now also be necessary to ensure that no data is in fact collected in cases where consent is refused, which is often not the case in practice at present.

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