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Necessary cookies and cookies for advertising purposes

Last Updated 3 months ago

BGH on cookies: Cookies for advertising purposes only with active consent

This topic was debated for a long time in Germany. After the ECJ ruled in October 2019, the BGH has now also ruled. If website operators require consent for cookies, users must be able to set them actively. A preset checkbox is no longer sufficient. Lawyer Christian Solmecke explains the background ...

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European Court of Justice (ECJ) on the judgment on October 1st, 2019:

Cookies only with active consent

Internet users must actively consent to the setting of cookies. ... etc.


WILDE BEUGER SOLMECKE Rechtsanwälte creates more clarity here,

What I would like to draw your attention to here in small excerpts:


Cookies for advertising purposes only with active consent

.. Now the ECJ is clarifying: Anyone who uses cookies, for example to analyze and track user behavior for advertising purposes, needs the active consent of the user.

A pre-set checkbox is no longer sufficient. The ruling explicitly also applies to the GDPR. Many website operators are now having to change their practice.

Cookies are small text files that are stored on the user's computer. Cookies

Some are technically necessary, such as session or shopping cart cookies. However, other cookies are used to obtain pseudonymised information about user behavior and to place personalized advertisements.

And that's what the Wilde Beuger Solmecke news is all about:

The ECJ has not decided on technically necessary cookies, even if this is sometimes interpreted differently on the Internet and in the media. ... In the case ...., It was only about cookies for advertising purposes. .

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