The use of “strictly necessary” cookies alone does not require the consent of users. Although there are no fixed criteria for such requirements, it can be assumed that these include, for example, shopping cart cookies, login status or language selection options.
Important: The decision only mentions cookies. However, this includes all measures with which data can be stored on or read from users’ devices.
At present, corresponding consents are obtained with so-called “cookie banners” or as part of a registration. Consent must now be necessary and explicit. According to the ECJ, so-called opt-out solutions are not permissible, where cookies are already activated when the user enters a website, unless the user deactivates them.
If we can also support you in this, we look forward to your inquiry.
Supplemental Note (11/29/2019).
Tightening of the data protection regulation: Please adapt cookie confirmation!
The European Court of Justice has ruled that from 1 October 2019, consent to a cookie confirmation (or a single button to click) that is already ticked in advance will no longer be permitted. Such an uncomplicated and less complex standard solution can also be found on websites that we have designed or co-designed to date. Until the time of the Luxembourg decision, this was common practice – we ourselves also used such a solution on our own website. Due to the new regulation, we would ask you to adjust this. Here is the corresponding link with the relevant detailed information: https://datenschutz-generator.de/eugh-cookie-einwilligung-banner-detailinformationen-pflicht
Our contact person will be pleased to help you:
+49 (0)911 / 47 49 49 49