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ECJ judgement cookie banner

In the past, the opt-in process was used in email marketing by allowing the user to consent to receive emails. Usually this is done via the

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Use of cookies - Judgment of 19.07.2019 of the ECJ (European Court of Justice) on the GDPR.

The GDPR has been in force since 25.05.2018 and most website operators have implemented the required changes. In many areas, however, the implementation of the directives has caused considerable ambiguity, which has ultimately led to a legal reassessment in the following areas.

  1. Cookie banner (ECJ ruling);
  2. Required new version of the privacy statement E-Recht 24 V.1.5.1 - for web page operators;
  3. Contract for order processing from your host company;
  4. Joint liability of external social media channels is now decided for website operators according to ECJ ruling;
  5. Use Google Maps e.g. for directions.

Web page operators will have to make additional adjustments depending on the type, scope and functional areas. Soon I will explain each topic in more detail here on the blog. For starters, here's the one today:

Cookie banner (ECJ ruling)

According to a court ruling, a cookie banner must now be used as a mandatory opt-in variant if cookies from third-party providers are used on the website.

In the opt-in process, the site visitor must actively agree to an option. In the past, the opt-in process was used in email marketing by allowing the user to agree to receive emails. Usually this is done by clicking on a checkbox. This procedure is now also cookies from third-party providers is required before no cookies may be activated. In addition, a breakdown by purpose is required. These could be: traffic analysis, functional, marketing, external links, etc.

Cookie.update plugins

Those who use corresponding WordPress cookie plugins should make sure that this has been implemented accordingly by the manufacturer. As a rule, this will require an update. In some cases, even a change of manufacturer will be necessary if the previous plugin manufacturer does not implement these legal changes in its solution.

Legal notice

In this context, I would like to draw the reader's attention to the fact that my services do not constitute legal advice, but relate exclusively to the technical and functional areas of a website. Should you require advice on data protection law and copyright, please contact a lawyer or a data protection officer of the authorities. All information and recommendations offered by me are therefore without guarantee and without liability claim. Also in the foreseeable future, necessary adjustments and changes according to the UrhG, the DSGVO, cannot be excluded according to my current knowledge.

Click here for the article New privacy policy.

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