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Cookies are usually set to the visitor’s browser automatically when landing on the website for the first time without any possibility of rejecting setting the cookies. This also leads to a situation that the user has no means of understanding which providers are going to set cookies, how they are going to be used, and what are the other terms of processing the user’s personal data.
The cookie notice only informs the user about the use of cookies, and there is no way of rejecting the cookies if continuing to use the site apart from disabling cookies altogether, which is not a very viable option from user experience perspective. In other words, consent is practically enforced.
A recent
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EU court decision about cookie-consent
This issue with the unclarity related to the definition of an explicit consent was resolved with the Court of Justice of the European Union Judgment Case C-673/17, that clearly stated; The consent referred to in those provisions is not validly constituted if, in the form of cookies, the storage of information or access to information already stored in a website user’s terminal equipment is permitted by way of a pre-checked checkbox which the user must deselect to refuse his or her consent. This decision means that consent can’t be implied, enforced, or assumed based on the behavior of the user (e.g. visiting the site), but the user must be informed about the use of cookies, terms associated to this use and actively accept the use of cookies by checking a box or pressing an accept button, for example.
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