Cookiebot under attack!

12/01/2021

The Administrative Court of Wiesbaden has granted an urgent application prohibiting RheinMain University of Applied Sciences from using the “Cookiebot” service to obtain consent for the storage and use of personal data. Find out here what impact the ruling has on Cookiebot and whether website operators now need to take action!

The decision came as a complete surprise: According to the Wiesbaden Administrative Court, the use of the Cookiebot service is illegal. The court stated that website operators transmit users' IP addresses to Cookiebot in full, while Cookiebot itself uses third-party service providers in the US. The US has a significantly lower level of data protection than the EU. However, data transfers to services within the US require appropriate information about the risks (keyword: Cloud Act) and the user's consent within the cookie banner.

What does this mean for my website?

Like many others, we at Drive were surprised by the ruling of the Wiesbaden Administrative Court. Cookiebot, part of the Danish software provider Cybot, has always been a model student when it comes to data protection and has protected the privacy of users more than adequately.

However, the proverbial child Cookiebot has not yet fallen into the well. Cookiebot can still appeal the administrative court's decision. Since this was an expedited proceeding and the decision was made at the lowest court level, this is even very likely. In addition, the ruling would have far-reaching consequences for many areas of the internet. Not only Cookiebot would be affected, but many other companies and providers as well. It will therefore probably take some time before a final and clear ruling is made.

And until then?

We recommend that Cookiebot users remain calm and wait for further developments. We are still a long way from a clear ban on Cookiebot. Until there is a clear ruling on this matter, website operators should not expect any negative consequences. If the decision is confirmed, many other cookie banner services would be affected by the ruling alongside Cookiebot, which has been a model student in this area. A short-term change of provider would therefore not be advisable at this point in time.

What if I don't want to wait?

However, if you want to be absolutely sure, you should refrain from using cookie banners altogether in the future. As other articles on the subject have already shown, institutions are continuing to refine the relevant laws on data protection. Tracking with cookies is becoming increasingly difficult for operators, while at the same time the results are getting worse and worse due to shrinking consent rates. Against this backdrop, cookieless tracking is currently the only viable alternative.

Website operators should consider whether now is the right time to say goodbye to cookie banners for good...

Feel free to contact us if you need help with your cookie banner! We will find the ideal solution for you!