• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Attention: Simple cookie banner no longer sufficient

2. October 2019
in Law on the Internet
Reading Time: 2 mins read
0 0
A A
0
cookies 956823 1280

Yesterday, the European Court of Justice made a far-reaching decision on the issue of consent to the setting of cookies(see here).

As already written in the article yesterday, some questions remain unresolved and there is still a dispute as to whether the judgment could not concern technically necessary cookies. In fact, the ECJ has not decided on this. The ECJ has only really decided that a preset hook in a check box does not constitute an effective act of consent, which also means that the continued use of a website does not give consent to the specific case of cookie use. Represents.

However, since even the vzbv (which initiated the Planet49 procedure) assumes that technical cookies, i.e. those that check the login status, remember the language selection or allow things like a shopping cart in an online shop in the first place, no problem the discussion on the demarcation is probably more academic in nature. Of course, all kinds of marketing cookies, which are also setting online shops to monitor the shopping behavior or the like, are problematic.

This is all the more true when such third-party cookies are set to monitor and optimize things such as browsing behaviour or previous purchases. Incidentally, it does not matter whether cookies, i.e. text files, are actually used from a technical point of view or whether other new fingerprint technologies are used.

Operators of websites must therefore act, because it is clear that

    • Simple cookie banners that only inform about cookies are no longer sufficient. In Europe, these have long since ceased to be sufficient. However, the German special route is now also history. Of course, this only applies if, for other reasons, one is obliged to inform cookies at all and must obtain a specific consent of the user before setting these cookies, in accordance with yesterday’s decision!
    • Only so-called cookie consent solutions, such as Complianz.io , which provide comprehensive information about the exact cookies set, also respect things like “Do not track” in the browser (which Wordpress, for example, does not do out-of-the-box) and do not release technical cookies until the user has given their consent, are sufficient.
    • The user must have the opportunity to withdraw his consent on the page itself. This possibility must be obvious and easy to achieve. In my case, this information can be found in the cookie policy.
    • For each non-technical cookie, the lifetime of the cookie, the provider, the content, the name and the possible data protection provisions of the provider must be informed.

Of course, there is still the possibility to completely dispense with cookies 😉

There are still many details that will have to be clarified in the coming months either by data protection authorities or, ultimately, by courts. Among other things, this includes numerous questions about what all technical cookies are (i.e. those that are absolutely necessary for the use of functions of the website) and what are not functional cookies.

However, everyone should check their own website, at least in order not to expose themselves to the accusation of having been inactive.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: InformationKImarketingPrivacy

Weitere spannende Blogposts

Influencer: LG Frankfurt on the question of business action

Legal form as an influencer? A few hints!
30. April 2019

The series of decisions on influencer marketing continues and after the Munich Regional Court yesterday, a decision by the Frankfurt...

Read moreDetails

Key Considerations When Offering an AI-Based Chatbot

Key Considerations When Offering an AI-Based Chatbot
12. July 2023

In today's digital era, artificial intelligence (AI) and chatbots are no longer just futuristic concepts; they have become an integral...

Read moreDetails

Valve + 5 game publishers and violation of geoblocking/antitrust law

Valve + 5 game publishers and violation of geoblocking/antitrust law
12. April 2019

I hinted at it in this post on the geo-blocking regulation. Now the European Commission has informed Valve, as owner...

Read moreDetails

“Dirty cunt” is permissible expression on Facebook

“Dirty cunt” is permissible expression on Facebook
19. September 2019

Today seems to be the day when I am upset about certain judgments. I'm probably making some decisions at least...

Read moreDetails

Legal structure of API usage agreements

Legal drafting of API usage agreements: Key issues for tech companies
16. October 2024

APIs (Application Programming Interfaces) are the backbone of the modern digital economy. They enable the seamless integration of services and...

Read moreDetails

Smart contract implementation in traditional contracts

Smart contract implementation in traditional contracts
10. October 2024

The integration of smart contracts into traditional contract structures opens up fascinating opportunities for blockchain start-ups, but also poses complex...

Read moreDetails

BGH refers question on data protection and competition law to the ECJ

Data protection: “Targeted advertising” through “legitimate interest” at the end? EDPB vs. meta
12. January 2023

The First Civil Senate of the Federal Court of Justice, which is responsible for competition law, has referred the questions...

Read moreDetails

AG Heidelberg condemns operator of Metin2 server

6. February 2019

The Heidelberg District Court has fined the operator of several piracy servers for the online game Metin2. The judgment was...

Read moreDetails

Flying jurisdiction for Youtube not at the end?

youtube 3503481 960 720
7. November 2022

The Düsseldorf Regional Court has ruled in a preliminary injunction proceeding that the UWG amendment of December 2020 did not...

Read moreDetails
Modding in EULAs and contracts – what applies legally in Germany?
Law and computer games

Modding in EULAs and contracts – what applies legally in Germany?

8. September 2025

Mods add new content to video games, improve graphics or add completely new ways of playing. Hardly any major PC...

Read moreDetails
Arbitration agreements in EULAs and developer contracts

Arbitration agreements in EULAs and developer contracts

7. September 2025
Chain of title in game development: building a clean chain of rights

Chain of title in game development: building a clean chain of rights

6. September 2025
Fail-fast clauses in media productions – what are they actually?

Fail-fast clauses in media productions – what are they actually?

5. September 2025
Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

Founder’s agreement vs. shareholder agreement: setting the course for startups at an early stage

12. August 2025

Podcastfolge

238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024

This informative podcast offers a comprehensive insight into the legal challenges faced by start-ups when expanding internationally. The experienced lawyer...

Read moreDetails
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024
7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung