Europe’s top court has ruled that pre-checked consent boxes for dropping cookies are not legally valid.
Consent must be obtained prior to storing or accessing non-essential cookies, such as tracking cookies for targeted advertising. Consent cannot be implied or assumed.
It’s a decision that — at stroke — plunges websites into legal hot water in Europe if their cookie notices don’t ask for consent first. As many don’t, preferring not to risk their ability to track users for ad targeting.