STADLER VÖLKEL Rechtsanwälte GmbH

German Federal Court of Justice (BGH) requires active cookie consent

18 June 2020
German Federal Court of Justice (BGH) requires active cookie consent

Since the Court of Justice of the European Union (CJEU) issued its landmark ruling on cookies in case Planet49 (C-673/17), actively asking for the user's consent to store and access information on their end devices has become far more common. Naturally, a lot of emphasis has been put on external solutions, pragmatically allowing website operators to fulfil their obligations. A particularly feature-rich example in this regard is "WebCare" offered by DataReporter GmbH (based in Wels, Austria): https://cookiebanner.at/. As the German Federal Court of Justice (BGH) recently delivered its final judgment in the national main proceeding that was heavily influenced by the interpretation of the CJEU, we provide you with a summary as well as some practical considerations. You can read the whole article here in German only.

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