Current ruling of the BGH
Not only since the DSGVO came into force in 2018 the question of the design of legally compliant cookie banners has led to some question marks. But especially as a website or shop operator it is essential to be on the safe side at this level. Anyone who does not want to run the risk of being warned for formal errors is faced with the task of implementing the current guidelines as quickly as possible.
What does the directive say?
Well, first of all, we are not talking about a directive or a regulation in the sense that the legal requirements originate from the ruling of the European Court of Justice and, more recently, a ruling of the Federal Court of Justice. The actual directive, the ePrivacy Regulation, will probably not 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 shop. Non-essential cookies are those 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 the possibility to choose or an already checked checkbox are not allowed.
Also important: The banner must reliably block the corresponding cookies until the user has given his consent.
We help you
The cookie banner of your homepage or shop does not yet meet the latest requirements? As digital commerce specialists, we would be happy to help you find and implement a legally compliant solution for your website.
Since even the little things contribute to a high-quality overall impression of your web presence, we naturally attach great importance to harmoniously integrating the cookie banners into the overall design of your website.
Thanks to competent in-house specialists, we offer an attractive overall package with which we can certainly fulfil your wishes. Just contact us.
We look forward to your message!