Cookies and consent

Abstract

The General Data Protection Regulation (hereinafter, GDPR) constitutes a declaration of intent on the part of the European legislator who, with its promulgation, has opted for a ultra conservative standard on data protection. This is not the case with the regulation of cookies, an issue that has not reached such a high degree of harmonization. In its online navigation, the user is forced to circumvent their own privacy, having to accept cookies imposed either by the operator of the page on which it is located or by third parties. Does this declaration of will imply acceptance of the offer? How should consent be for the treatment of the information collected by cookies to be valid? This article analyzes the position of the CJEU on the issue of consent on cookies in Case C-673/17 (EU Judgment: C: 2019: 801).