Blog

Data Protection Authorities in 11 German States Now Investigate Cookie Banners

10 more German states have announced that they will join the investigation into the compliance of cookie banners which was recently launched by the data protection authority in Baden-Württemberg. Here we'll tell you if your cookie banner is compliant and which steps you can take to comply with GDPR and ePrivacy regulations.

Is my website compliant?

On August 19 the State Commissioner for Data Protection and Freedom of Information (LfDI) Baden-Württemberg, Dr. Stefan Brink, announced that from now on Baden-Württemberg will be checking the websites of large media companies with regards to compliant cookie banners.

Now it is official that, in addition to Baden-Württemberg, the following 10 German states are also participating in the process:

  • Hamburg
  • Brandenburg
  • Hesse
  • Lower Saxony
  • North Rhine-Westphalia
  • Bremen
  • Rhineland-Palatinate
  • Saxony
  • Saxony-Anhalt
  • Schleswig-Holstein

In May 2020 the German Federal Court of Justice decided, in accordance with the requirements of the ePrivacy Directive, that valid consent must be obtained from visitors to the website before cookies are set.

Consent must be given voluntarily and explicitly. Cookie walls that force users to accept cookies in order to be able to access the website are not permitted.

Further, scrolling a website does not count as explicit consent, nor do boxes ticked in advance.

Link: What are the rules on cookies?

What are the consequences of non-compliance?

The fines for non-compliance with the processing of personal data with the help of cookies are extensive.

According to the GDPR, fines of €20 million or 4% of global annual turnover are imposed, including for violations related to the use of cookies.

When it comes to informing users about cookies and obtaining and storing valid consents, you should use a certified Consent Management Platform.

With a Consent Solution from Cookie Information solution, you will receive a cookie consent pop-up that:

  • Informs your website visitors about cookies (who owns them, their purpose, their lifespan);
  • Gives your visitors the option to reject cookies (and tracking);
  • Holds back cookies until consent has been obtained;
  • Does not assume consent by ticking the boxes in advance;
  • Stores the consents for 5 years (in the event of an inspection by the data protection authorities);
  • Can be customized with your company logo, colors and fonts.

References

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
We have already helped more than 1,500 clients

Start your free trial

No credit card needed

client_logos

Not Sure Yet?

Get a free compliance check to see if you need a consent solution.

Follow Cookie Information
and stay informed on privacy news

Sign up for our newsletter

About us

Cookie Information is a Privacy Tech company specialized in developing software that helps you and your company making your websites and mobile apps GDPR and ePrivacy compliant.

Contact information

Cookie Information A/S

Kristen Bernikows Gade 4,
1105 Copenhagen K, Denmark

VAT: DK-38758292

Copyright © 2021

Thank you for signing up to our newletters

We are excited to start sending you news & tips & tricks about our CMP.

You can unsubscribe at any time.