Summary of our data protection officer
on the subject of cookie banner decision
Please note that you should discuss this issue with your data protection officer and that, as a digital agency, we do not provide any legally binding information or advice with this information.
1. Consent requirement for online marketing cookies
The ECJ ruled that cookies may only be used with and after cookie consent (ECJ, 1.10.2019 - C-673/17).1
Before the code of the online marketing services is executed on the website, users must give their consent to the processing and storage of their personal data in cookies (and similar procedures, such as digital fingerprinting).
2. Exceptions only for absolutely necessary cookies
No consent is required for "absolutely necessary" (or essential) cookies, such as the shopping cart cookie of a shop, cookies for load balancing purposes or saving the login status and language selection on a website. This also applies to the cookie in which a given/failed cookie consent is noted. According to the ECJ, cookies used for online marketing purposes do not constitute required cookies.
3. Observe the cookie consent requirement already now
Although the judgment of the ECJ is an interlocutory judgment, the BGH, which pronounces the final judgment, will have to comply with the decision of the ECJ.
Design and contents of a cookie consent
Currently, cookie consent can practically only be obtained with so-called "cookie (consent / opt-in / content) banners".
Alternatively, consent could also be obtained as part of a registration or purchase procedure. In practice, this is unlikely to be feasible without considerable disadvantages in terms of the rate of conclusion/conversion due to the obligation to provide information.
Consent must be expressly declared by clicking on a button or other checkbox.