Cookie consent tools are being used to undermine EU privacy rules, study suggests

TechCrunch

“Recent jurisprudence by the Court of Justice of the European Union also further crystalized the law around cookies, making it clear that consent must be actively signaled — meaning a digital service cannot infer consent to tracking by indirect actions (such as the pop-up being closed by the user without a response or ignored in favor of interacting with the service). Many websites use a so-called CMP to solicit consent to tracking cookies. But if it’s configured to contain pre-ticked boxes that opt users into sharing data by default — requiring an affirmative user action to opt out — any gathered “consent” also isn’t legal.”