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Attention: Insufficient cookie banners soon in the sights of data protectionists

After the German data protection authorities last year issued a Orientation guide the Planet49 case should now also be known to every website operator and numerous lawyers have also informed about the necessity of cookie banners, the data protection authorities have now announced that they want to separately control precisely these cookie information solutions and also sanction insufficient use. Many cookie consent banners are designed in a questionable manner and may therefore be considered illegal.

This mainly concerns those solutions where the Accept button is much more clearly easier to click than the Reject button, or those where individual buttons can only be rejected individually. Also, many such banners are not exactly clear.

These include, for example, such solutions



Here the reject button is not present at all or only by pushing the “Necessary” button.

This solution is also unlikely to stand up to deeper scrutiny.



Rejecting cookies is not possible or only occurs if you use a paid subscription.

Some large media sites have no cookie banners at all, although services such as Doubleclick and Google Adsense are used.

Of course, when surfing the web, you also constantly see websites with mere notices that cookies would be used. In the vast majority of cases, these are not sufficient. The only exception would be (and even this is not uncontroversial) if really 100% only technically absolutely necessary cookies are set. This should rarely be the case and with WordPress, due to the use of numerous plugins that save some presets, it is almost never feasible.

Even if it is likely that larger, high-reach providers will be investigated first in the first step, every provider should take care of a legally compliant implementation, not only with the coming TTDSG. Moreover, it cannot be ruled out that warning agents will jump on the current bandwagon.


Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

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