Current BGH ruling on cookies

Last year, the European Court of Justice ECJ ruled in the Planet49 case that the setting of cookies that are not absolutely necessary requires the active consent of the Internet user. According to this ruling, an unchanged, pre-assigned selection field for cookies is therefore not permitted.

The subject of the decision was the question of the conditions under which internet providers can place cookies on their users' end devices. In this context, the ECJ found that effective consent under data protection law in this context also requires active behavior on the part of the data subject on the internet. This must also relate specifically to the consent. However, it is not sufficient to confirm a pre-selected checkbox by clicking on another button, for example to take part in a competition.

In addition, the ECJ has clarified that the website operator must provide the user with clear and comprehensive information in order for consent to be given effectively. This also includes information on the duration of the cookies' function and whether third parties can gain access to the cookies.

Here you can find the complete newsletter article in PDF format.

References:
https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2020/2020067.html?nn=10690868
https://curia.europa.eu/jcms/upload/docs/application/pdf/2019-10/cp190125de.pdf