The Court of Justice of the European Union considers that the boxes already ticked do not allow the active consent of users to be obtained. This decision will generate a lot of ink. It will be appreciated by Internet privacy advocates. It will undoubtedly arouse the indignation of publishers and advertisers, still marked by the entry into force of the GDPR in May 2018. No, the valid consent of the Internet user for the placement of cookies is not obtained when the corresponding Indonesia WhatsApp Number List is checked by default. Facts The case pits the German federation of consumer organizations against the company Planet49. The company offered a competition. A box, checked by default, indicated that the participants accepted the placement of cookies. These cookies were used for advertising purposes, to promote the products of Planet49 partners.

Decision The German Federal Court of Justice referred the case to the Court of Justice of the European Union, asking it “to interpret EU law concerning the protection of privacy in the context of electronic communication.” ” In a judgment delivered on October 1, 2019 , the Court decides that: the consent that the user of a website must give for the placement and consultation of cookies on his equipment is not validly given by means of a box checked by default. The Court also specifies that: The fact that the information stored or consulted is personal data or not does not influence this result. Consent must be specific. The fact, for a user, “to activate the participation button […] is not enough to consider that he has validly given his consent to the placement of cookies”.

This Decision Will Generate A Lot

The duration of the operation of cookies, as well as the possibility or not for third parties to have access to these cookies, must be given to the user. The results This long-awaited decision of the Court of Justice of the European Union is strong. It establishes the need for informed and active consent from users for the placement of cookies. This decision of the Court “does not settle the national dispute” , but “it is for the national court to resolve the case in accordance with the decision of the Court” . Germany is obviously not the only country concerned: the Court of Justice of the European Union specifies that “this decision binds, in the same way, the other national courts which would be seized of a similar problem” .

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The past few weeks have been full of twists and turns. Hype Auditor and Influence4You, two services specializing in influence, have joined forces to take stock of the sector in France in 2019. Who are Instagram influencers? To begin with, the study provides a portrait of the typical influencer in 2019. It distinguishes 5 types of influencers: mega-influencers or celebrities (more than 1M followers) who represent 0.33% of accounts, macro-influencers (100k to 1M) who account for 4.19% of accounts,
mid-tier influencers (20k to 100k) for 19.13%, micro-influencers (5k to 20k) for 39.53% and finally the nano-influencers (1k to 5k) for 36.82%. Each category has its own specificities in terms of reach, engagement or cost of influencing operations. The smaller the influencer community, the more engagement he will have, but a lower reach. Its cost will also be much cheaper.

Facts Decision The Results

Regarding the typical influencer profile, it would be a woman (56%) aged 25 to 34 (half of the time). Second aspect of this Influence4You and Hype Auditor study, the real engagement of influencers. It seems higher in France than in the rest of the world. It is also much higher among -influencers (> 7%) than among others. If we take a closer look at editorial categories, the average engagement rate is highest in education (6.59%) ahead of photography (5.58%) and travel (5.51%) . Restaurants and food are at the back of the pack (2.85%) as are decoration and the garden (2.64%). The subject is talked about a lot, and with good reason. The purchase of followers is very common, and mainly concerns micro-influencers. The mega-influencers are the least concerned by the subject.

 

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