In the Advocate General’s view, the pre-ticked box for cookies does not provide a valid active consent under the GDPR nor under the ePrivacy Directive. Moreover, he considers that the ePrivacy Directive’s consent requirement for cookies applies irrespective of whether the collected data qualify as personal data. Furthermore, the consent here is not “separate” because, unless users uncheck the cookie box, they grant consent for cookies merely by clicking the “participate” button. This argument is reinforced by the fact that users are apparently not informed of the option to uncheck that box. According to the Advocate General, the cookie consent is presented as an ancillary consent that users have to go through if they wish to participate, when in fact the two separate consents – for cookies and for participation to the lottery – should be presented on an equal footing. The Advocate General concludes that the German “Telemediengesetz” does not appear to accurately transpose the ePrivacy Directive by allowing the use of pseudonymized cookie data for advertising purposes on the basis of an opt-out rather than an opt-in consent.