One of the most recent chapters in the ongoing EU cookies saga has come in the form of a recent ruling by the Court of Justice of the European Union (CJEU) in the Planet49 case. The CJEU ruled that:
(i) implied consent is not sufficient anymore, requiring website operators to seek active consent from users which cannot be obtained by means of pre-ticked boxes; and
(ii) any obtained consent will only be sufficiently informed if an average user can understand what cookies do and how they function.
The outcome of the case – while pivotal – does not come as a surprise considering the cookie developments in the EU over the past few years.