EDPB says that cookie walls require a tracking-free alternative (not necessarily free of charge) and the German Federal Supreme Court rules against opt-out consent for tracking cookies under German law

Introduction

In 2019, various EU member states issued guidance as to whether opt-in consent is necessary for non-essential cookies, with some guidance suggesting opt-in

On October 1, 2019 the Court of Justice of the European Union (CJEU) issued a new judgment on the use of cookies which, under the EU E-Privacy Directive, requires users’ informed consent. The court decided that

  • the cookies consent cannot be obtained by using a pre-ticked consent checkbox; and
  • information must be provided to users