German Cookie Regulation

Introduction to German cookie law

Understanding and complying with German cookie regulations is essential for businesses operating websites accessible to German users. These regulations, aligned with the General Data Protection Regulation (GDPR) and the Telecommunications-Telemedia Data Protection Act (TTDSG), mandate specific practices regarding the use of cookies and user consent.

Key Aspects of German Cookie Regulations:

1. User Consent Requirement:
   • As of May 28, 2020, businesses must obtain explicit user consent before deploying marketing or non-essential cookies on their websites.
   • Cookies essential for the website’s basic functionality, such as those enabling shopping cart operations, are exempt from this requirement.
2. Scope of Application:
   • These rules apply to any website accessible by German users, regardless of the business’s location.
   • Both first-party cookies (set by the website’s domain) and third-party cookies (set by external services) are subject to these regulations.
3. Obtaining Valid Consent:
   • Consent must be informed, specific, and given freely through an affirmative action, such as clicking an “Accept” button.
   • Pre-ticked checkboxes are not considered valid; users must actively select their preferences.
   • Users should have the option to refuse cookies without facing adverse consequences, like restricted website access.
4. Penalties for Non-Compliance:
   • Violations can lead to significant fines:
     • Under the GDPR, penalties can reach up to €20 million or 4% of the global annual turnover, whichever is higher.
     • The TTDSG allows for fines up to €300,000 for failing to obtain proper consent.
   • Additional consequences may include data deletion, restrictions on data sharing, and bans on processing activities.
5. Best Practices for Compliance:
   • Implement a Consent Management Platform (CMP): Utilize Pandectes CMP that facilitate the collection and management of user consents in compliance with legal standards.
   • Provide Clear Information: Clearly inform users about the types of cookies in use, their purposes, and data retention periods.
   • Offer Easy Consent Management: Allow users to easily manage their cookie preferences and withdraw consent at any time.
   • Regularly Review Practices: Continuously assess and update your data processing activities to ensure ongoing compliance with evolving regulations.

By adhering to these guidelines, businesses can ensure compliance with German cookie regulations, thereby protecting user privacy and avoiding substantial penalties.