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Active cookie consent now obligatory after new ECJ decision!


On 1 October 2019, the European Court of Justice (ECJ) has now expressly ruled that the use of cookies requires the express consent of the user. For website operators, this means that from now on they may no longer use cookies if their users have not previously given their express consent.

Following a lawsuit filed by the Federation of German Consumer Organisations (vzbv) against the company planet49, which collected data for advertising purposes of third parties in the context of competitions, the ECJ now ruled that passive consent (for example, by merely accepting certain default settings) is not sufficient, but that the user must actively declare his or her support for the use of cookies by checking a corresponding box, e.g., a corresponding answer box.

The use of "absolutely necessary" cookies alone does not require the consent of the user. Although there are no fixed criteria for such requirements, it can be assumed that they include, for example, shopping basket cookies, login status or language selection options.

Important: Although the decision only refers to cookies. However, it includes all measures with which data can be stored or read out on users' devices.

Currently, appropriate consent is being obtained with so-called "cookie banners" or as part of a registration. Consent must now be given in a necessary and explicit manner. According to the European Court of Justice, so-called opt-out solutions are not permitted, whereby cookies are activated as soon as the user enters a website, unless the user deactivates them.

If we can also support you in this, we look forward to your request

Supplementary note (29.11.2019)
Tightening of data protection regulations: Please adapt cookie confirmation!

The European Court of Justice has ruled that, as of 1 October 2019, consent to a cookie confirmation (or a single button to click on) that has already been marked with a check mark in advance is no longer permitted. Such an uncomplicated and less complex standard solution can also be found to date on websites that we have designed or helped to design. 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 regulations, we would ask you to adapt this. Here is the corresponding link with detailed information: https://datenschutz-generator.de/eugh-cookie-einwilligung-banner-detailinformationen-pflicht

Got curious?
Our contact person will be happy to help you:

Matthias Brinkmann
+49 (0)911 / 47 49 49 49
brinkmann@twobe.de

14.10.2019 16:41 No comments

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