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BGH judgement on cookies - realise active consent with CCM19 cookie banner

On 28.05.2020, the BGH ruled in a judgment on the subject of cookie management (BGH, judgment of 28.05.2020, Ref. I ZR 7/16, "Cookie consent II") that websites / online shop operators may only set cookies with the explicit consent of visitors. In the long-awaited ruling, the BGH has thus decided in the sense of the Federation of German Consumer Organisations.

Pre-checked consent no longer possible

Pre-checked consent is no longer possible as of 28.05.2020. The visitor must be informed and actively give his consent. No cookies may now be set without this explicit consent. The previously common "opt out" is also no longer possible.

What is in store for you as an operator?

If you are not yet using a current cookie banner on your site, with which you explicitly collect consent from the visitor for each area, you will have to use one from now on. Below we have summarized the most important points:

  1. You absolutely need real consent from your website users for setting cookies - especially tracking cookies like those from Google Analytics, Facebook and various other tools and extensions.
  2. A cookie banner with the checkbox already pre-ticked is no longer enough. The age-old practice of a notice such as "By continuing to browse, you accept..." has of course long since ceased to constitute sufficient consent.
  3. The cookie banner must reliably block cookies until the user has consented. Only then may the cookies be set.
  4. You need an overview of which scripts set which cookies on your site in order to decide how to deal with the scripts and cookies.

Does it also affect your website? Test now for free and see the results directly!

If your website is affected, you can test it directly with our Cookie Scanner. If cookies appear in the results that are not exclusively listed under the category "Technically necessary", you need a cookie banner like CCM19

How can CCM19 help you with BGH compliant implementation?

CCM19 offers a cookie manager for your website or online shop as a free variant for up to 5000 page views per month, as well as a variant for operation on your own server to keep the data 100% under your own control. Both variants are always kept up to date by automatic updates. An overview of the possible variants and all prices can be found here.

Interested?

Talk to us - here you can use our contact form. Or call us at 0228 629 17 642. We look forward to your inquiry!

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