IAPP Exam CIPP-E Topic 2 Question 95 Discussion

Actual exam question for IAPP's CIPP-E exam

Question #: 95
Topic #: 2

In the Planet 49 case, what was the main judgement of the Court of Justice of the European Union (CJEU) regarding the issue of cookies?

AIf the cookies do not track personal data, then pre-checked boxes are acceptable.

BIf the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements apply.

CIf a website's cookie notice makes clear the information gathered and the lifespan of the cookie, then pre-checked boxes are acceptable.

DIf a data subject continues to scroll through a website after reading a cookie banner, this activity constitutes valid consent for the tracking described in the cookie banner.

Show Suggested Answer

Suggested Answer: B

The CJEU ruled that the consent required by the ePrivacy Directive for the use of cookies must comply with the conditions laid down in the GDPR, which means that it must be specific, informed, unambiguous, and freely given. Therefore, pre-checked boxes or implied consent by scrolling are not valid forms of consent for cookies. The CJEU also clarified that the ePrivacy Directive applies to any information stored or accessed on a user's device, regardless of whether it is personal data or not. Furthermore, the CJEU stated that the information provided to users about cookies must include the duration of the operation of cookies and the possibility of third parties accessing them.

by Julene at Sep 18, 2024, 04:45 AM

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Pamella

11 months ago

Option D is just absurd. Scrolling through a website is not the same as actively consenting to tracking. These lawyers need to get their heads out of the clouds.

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Eleonore

9 months ago

Exactly, the CJEU's judgement should prioritize user privacy and control over their data.

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Vanesa

10 months ago

I agree, scrolling doesn't equal consent. It should be a clear, affirmative action.

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Raina

10 months ago

Option D is definitely a stretch. Consent should be more explicit.

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Abraham

11 months ago

I believe option D is also a valid point, as continued scrolling can indicate consent.

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Kristofer

11 months ago

This is a tricky one. I'd go with Option B, but it's a shame the CJEU couldn't just make a blanket statement on pre-checked boxes. Too much legal gray area, if you ask me.

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Lili

10 months ago

True, there's definitely a lot of ambiguity in this area of the law.

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Filiberto

10 months ago

I agree, but it would have been nice to have more clarity on pre-checked boxes.

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Mable

10 months ago

Yeah, it seems like the CJEU wanted to align the ePrivacy Directive with the GDPR.

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Gearldine

10 months ago

I think Option B is the most logical choice.

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Michell

11 months ago

I agree with Dyan, the ePrivacy Directive and GDPR's consent requirements are linked.

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Karina

11 months ago

Hmm, I'm leaning towards Option A. If the cookies don't track personal data, then pre-checked boxes should be fine, right? Seems like a logical conclusion.

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