The final ruling of the Federal Court of Justice (Ref.: I ZR 7/16 of May 28, 2020, “Cookie Consent”) has recently been issued in writing, following the ruling of the European Court of Justice (Ref.: C-673/17 of October 1, 2019), together with the grounds for the ruling.
Our lawyer and specialist in information technology law has agreed to briefly explain this important decision for us and our customers.
As was to be expected, the ruling is in line with the ECJ's requirements. So now it is set in stone: consent must be obtained for all cookies that are not technically necessary. Consent must be obtained BEFORE the cookies are placed on the website.
Only if cookies are technically necessary for the provision of the service – such as session cookies or cookies for the shopping cart – can they be set without consent.
What needs to be done now?
The cookie notice is now mandatory for anyone who uses cookies on their websites. This must be implemented immediately. The forms and options for design must be observed. Differences between countries must be taken into account. If you have any questions: pole-positions(at)drive.eu
More details can also be found in this blog post: ECJ ruling
