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BGH ruling on cookies - realize active consent with CCM19 cookie banner

On 28.05.2020, the BGH ruled in a judgment on 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 judgment, the BGH ruled in favor of the Federation of German Consumer Organizations.

Pre-ticked consent no longer possible

Pre-ticked consents are no longer possible from 28.05.2020. Visitors must be informed and actively give their consent. Cookies may no longer be set without this explicit consent. The previously common "opt out" is also no longer possible.

What does this mean for you as an operator?

If you are not yet using a current cookie banner on your website with which you explicitly obtain consent from the visitor for each area, you must now use one. We have summarized the most important points below:

  1. You absolutely need genuine consent from the users of your website to set cookies - especially for tracking cookies such as those from Google Analytics, Facebook and various other tools and extensions.
  2. A cookie banner with a pre-ticked checkbox is no longer sufficient. The age-old practice of a notice such as "By continuing to browse, you accept..." is of course no longer 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 website in order to be able to decide how to deal with the scripts and cookies.

Does it also affect your website? Test now free of charge and view the results directly!

You can test whether your website is affected directly here 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 store as a free version for up to 5000 page views per month, as well as a version for operation on your own server to keep the data 100% under your own control. Both versions are always kept up to date with automatic updates. An overview of the possible variants and all prices can be found here.

Interested?

Talk to us - you can use our contact form here. Or give us a call on 0228 629 17 642 - we look forward to hearing from you!