IAPP CIPP-E Exam - 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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Portia

5 months ago

The GDPR's consent rules definitely apply, no doubt about it.

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Xuan

5 months ago

Surprised that scrolling counts as consent, that seems sketchy!

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Gene

6 months ago

I thought pre-checked boxes were okay if they don’t track personal data?

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Della

6 months ago

Totally agree, consent should always be clear!

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Cory

6 months ago

The CJEU ruled that consent is key for cookies.

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Margret

6 months ago

I vaguely recall that scrolling doesn’t count as consent, so I don’t think D is correct, but I’m not entirely sure about the other options.

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Alyce

6 months ago

I practiced a question similar to this, and I feel like the court emphasized that consent must be explicit, so I’m leaning towards option B as well.

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Doretha

7 months ago

I remember something about the GDPR and ePrivacy Directive needing to align, so maybe option B is the right choice?

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Colene

7 months ago

I think the ruling was about consent and how it relates to cookies, but I'm not sure if it was specifically about pre-checked boxes.

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Adelle

7 months ago

I'm a bit confused by this question. There are a lot of nuances around cookies and consent that I'm not entirely sure about. I'll need to review my notes and try to piece together the CJEU's main judgement on this issue.

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Alease

7 months ago

Okay, I've got a good handle on this. The CJEU ruled that pre-checked boxes for cookies do not constitute valid consent under the GDPR, even if the cookies don't track personal data. I'm pretty confident that option B is the correct answer here.

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Nell

7 months ago

Hmm, this is a tricky one. I'm not entirely sure about the details of the Planet 49 case and the CJEU's ruling. I'll need to think this through carefully and try to eliminate the options that don't seem to match the question.

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Iluminada

7 months ago

I think the key here is to focus on the CJEU's main judgement regarding cookies and consent. The question is asking specifically about that, so I'll need to carefully review the options and select the one that best captures the court's ruling.

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Pamella

2 years 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

1 year ago

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

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Vanesa

2 years ago

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

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Raina

2 years ago

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

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Abraham

2 years ago

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

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Kristofer

2 years 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

2 years ago

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

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Filiberto

2 years ago

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

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Mable

2 years ago

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

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Gearldine

2 years ago

I think Option B is the most logical choice.

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Michell

2 years ago

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

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Karina

2 years 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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