The Court ruled that “the consent which a website user must give to the storage of and access to cookies on his or her equipment is not validly constituted by way of a pre- checked checkbox,” and therefore the user must actively submit their approval for cookie storage. That decision is unaffected by whether or not the information stored or accessed on the user’s equipment is personal data.
As an affiliate network and tracking service provider, financeAds set cookies on the legal basis of Art. 6 para. 1 b) DSGVO, i.e. on the basis of the «fulfilment of pre-contractual measures».
According to art. 5(3) of the ePrivacy Directive (also known as the «Cookie Directive»), there are still cookies that are «absolutely necessary» and therefore do not require any consent. However, neither the Directive nor the ECJ ruling give a clear definition for when exactly a cookie is «absolutely necessary». Please read the press releaseof ePrivacy GmbH, a recognized privacy expert.
Disclaimer: this is not a legal advice, but only our point of view. For further information please read the official statement of the BVDW.
If you have any questions, please do not hesitate to contact financeAds Team.