However, the EU Court recently stated in a judgement based on the e-privacy directive and GDPR, that an active consent is necessary for cookies with a marketing purpose. All who operates internet pages should examine the cookies they use and make sure they have the necessary basis for using such cookies.
Cookies are small information capsules which users of the Internet receive when visiting various net pages. The cookies may be necessary for the page to remember user settings, for the web shop to work, etc., but they may also have other purposes, including to collect data for tailored marketing.
Practical considerations calls for a waiver of active consent for such cookies, but there is a need for clarification on this. Nkom has, after the EU Court’s judgement, stated that they are now considering whether there is a need for change in the Norwegian e-com legislation. Simultaneously EU is in the process of replacing the e-privacy directive with a new e-privacy decree. Hopefully, these revisions will contribute to clarify which cookies will require active consent.
In the meantime everyone should investigate the cookies they use and whether they have the necessary legal basis for using them, and whether they need to revise their routines.