Current ruling of the BGH
Not only since the entry into force of the DSGVO anno 2018, the question of the design of legally secure cookie banners leads to some question marks. However, especially as a website or store operator, it is indispensable to be on the safe side at this level. Accordingly, anyone who does not want to run the risk of being warned off due to formal errors is faced with the task of implementing the current guidelines as promptly as possible.
What do the guidelines say?
Well, first of all, we are not talking about a directive or regulation in the sense, because the legal requirements originate from the ruling of the ECJ and recently also a ruling of the BGH. The actual directive, the ePrivacy Regulation, is not expected to come into force until 2021 at the earliest.
According to current case law, website visitors must be informed of all non-essential cookies when they first visit the homepage or store. Non-essential cookies are cookies that are not technically necessary for the operation of the website.
By means of a cookie banner with an integrated checkbox, it is solely up to the user to selectively allow or reject cookies. A pure info banner without a choice or an already ticked checkbox are not allowed.
Also important: the banner must reliably block the relevant cookies until the user gives his consent.
We help you
The cookie banner of your homepage or store does not yet comply with the latest guidelines? As digital commerce specialists, we are happy to help you find and implement a legally compliant solution for your website.
Since even the small things contribute to a high-quality overall impression of your web presence, we naturally attach great importance to harmoniously integrating the cookie banner into the overall design of your website.
Thanks to competent in-house specialists, we offer an attractive overall package that is sure to fulfill your wishes. Just get in touch with us.
We look forward to hearing from you!