On 1 October 2019 the Court of Justice of the European Union (‘CJEU’) published its judgment in the Planet49 case. The background of the case is that Planet49 ran a promotional lottery on its website. While entering the lottery, users were presented with two tick-boxes. The first was an unchecked tick-box to receive third party advertising. In order to enter the competition, users needed to tick such box. The second was a pre-ticked box allowing Planet49 to set cookies to track the user’s behaviour online.
It can be stated that the CJEU’s findings are largely unsurprising, website operators should review their cookie notice to ensure GDPR standard consent is obtained and they should also reconsider their practice to make sure it complies also with the regulatory requirements.