Certified Information Privacy Professional – Europe (CIPP/E) — Question 103

In the Planet 49 case, what was the main judgement of the Court of Justice of the European Union (CJEU) regarding the issue of cookies?

Answer options

• A. If the cookies do not track personal data, then pre-checked boxes are acceptable.
• B. If the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements apply.
• C. If a website's cookie notice makes clear the information gathered and the lifespan of the cookie, then pre-checked boxes are acceptable.
• D. If a data subject continues to scroll through a website after reading a cookie banner, this activity constitutes valid consent for the tracking described in the cookie banner.

Correct answer: B

Explanation

The correct answer is B because the CJEU determined that consent for cookies under the ePrivacy Directive must align with the stricter consent requirements of the GDPR. Option A is incorrect as it disregards the need for consent when cookies do not track personal data. Option C is wrong since simply providing information does not suffice for valid consent. Option D misinterprets consent, as scrolling does not equate to explicit agreement to cookie tracking.