BUNDESVERBAND DER VERBRAUCHERZENTRALEN UND VERBRAUCHERVERBANDE —BERBRAUCHERZENTRALE BUNDESVERBAND V. PLANET49 GmbH (“PLANET49”)

Cookie data is personal data where the cookies likely to be placed on the terminal equipment of a user participating in the promotional lottery contained a number assigned to the registration data of that user (who must enter his/her name+address in the registration form.) By linking that number with that data, a connection between a person and the data stored by the cookies arises. Therefore, the data is not anonymous data. (¶45)

As a preliminary matter, it is important to note that, according to the order for reference, the cookies likely to be placed on the terminal equipment of a user participating in the promotional lottery organised by Planet49 contain a number which is assigned to the registration data of that user, who must enter his or her name and address in the registration form for the lottery. The referring court adds that, by linking that number with that data, a connection between a person to the data stored by the cookies arises if the user uses the internet, such that the collection of that data by means of cookies is a form of processing of personal data. Those statements were confirmed by Planet49, which noted in its written observations that the consent to which the second checkbox refers is intended to authorise the collection and processing of personal data, not anonymous data.