Most websites and online stores require a consent tool, such as a cookie banner, to meet legally required standards. A recent analysis by Verbraucherzentrale (Consumer Center) covering about 1,000 websites revealed that 100 of them had improperly configured cookie banners, resulting in official warnings. In this article, we discuss what you need to know to avoid such situations and how to correctly set up a cookie banner in Germany.
What is a cookie banner?
Cookie banners are used to obtain user consent to use cookies that may process personal data. GDPR regulations require this consent unless the cookies are technically essential.
When is a cookie banner required in Germany?
If your site uses technically necessary cookies, you don’t need a banner. However, if it uses marketing or tracking cookies, a cookie banner is mandatory.
What should be included in a cookie banner in Germany?
The banner should contain informative text, buttons, and links allowing users to accept or reject cookies and customize their preferences.
Avoiding Mistakes
A recent decision by the French data protection agency (CNIL) fined Microsoft 60 million euros for improper cookie banner settings on bing.com. This shows the importance of correctly configuring a cookie banner.
How to properly configure a cookie banner?
A well-designed cookie banner should allow users to easily accept or decline cookies, without hiding or misleading these options.
Latest judgment on cookie banner requirements
A recent court ruling in Munich confirmed that cookie banners must be configured in a way that allows users to easily reject cookies.
Guidelines from the European Data Protection Committee
EDSA has issued guidelines on proper cookie banner design, highlighting elements such as an easily accessible “Decline” button, unchecked selection boxes, and no color differentiation for the “Accept” button.
Choosing the right consent tool
The choice of the appropriate consent tool depends on several factors: compatibility with your content management system, page views, integration complexity, and costs.
Cookie Banner in Germany – Summary
A correctly configured cookie banner is key to meeting legal requirements and avoiding potential penalties. Ensure that your website complies with regulations, paying attention to the recommendations in this article.
