The cookie ruling and its consequences

The judgment of the ECJ of October 1, 2019 in the case C-673/17 (Planet49) states the following and means for you:

  • If information from cookies is stored / collected on the basis of consent, a preset checkbox does not represent effective consent.
  • An opt-out solution therefore does not constitute effective consent.
  • A soft opt-in (“continue surfing”) does not constitute effective consent.
  • It makes no difference whether it is personal or anonymized data (which are stored / collected).
  • The consent must be given for the specific case.
  • Service providers must, among other things, ask the user about cookies. Provide information on the purposes, duration of function and accessibility of third parties.

(Guideline-compliant interpretation of Section 15 (1) TMG and Section 15 (3) TMG (BGH judgment of May 16, 2017, Az .: VI ZR 135/13 or BGH resolution of October 5, 2017 I ZR 7/16)