Data protection online: new rules for cookies and consent!
Data protection online: new rules for cookies and consent!
In a world that is increasingly shaped by digitization, the effects of data protection regulations are increasingly becoming the focus. The importance of personal data continued on July 8, 2025. Above all, the topic of cookies is on everyone's lips, because cookie banners are now flooding the Internet. These banners should inform users about the storage of their data and create legal clarity, but the challenges do not fail to materialize. As reported WBS, warnings are on the order of the day due to a lack of consent or incorrect cookie banners.
But what exactly are these cookies? These are small text files that website operators store on the users' computers in order to analyze their behavior on the Internet or enable personalized advertising. Cookies can be roughly divided into the necessary, analysis and marketing cookies. The necessary cookies are essential for logins or shopping cart, for example, while active approval of the user is required for marketing purposes. These legal requirements have changed decisively by the entry into force of the Telecommunications Telemedia Data Protection Act (TTDSG) on December 1, 2021.
The legal situation in the digital age
How [Jurawelt] (https://jurawelt.com/cookies-und-dsgvo-eugh-revon- und-Leitfaden-zum-Datenschutz/) explained, the General Data Protection Regulation (GDPR) has been ensuring a uniform framework in dealing with personal data within the EU since its entry into force on May 25, 2018. The aim is to strengthen data protection and give people control over their data. This is of central importance, especially in the digital age.
Again and again there are new judgments that influence the legal situation. One example is the judgment of the European Court of Justice (ECJ) of March 7, 2024 in the legal matter C-604/22. This had far -reaching consequences for digital advertising and dealing with cookies by deciding that the data generated in the Transparency and Consent Framework (TCF) are considered personal data. Companies like IAB Europe now have to act as co -managers for data processing, which significantly influences the responsibilities in the industry.
But what does that mean specifically for advertisers and technology providers? The need to check the consent practices and act in compliance with GDPR is becoming more and more urgent. It is no longer enough to offer just an "OK" button. Instead, the company demands a clear and demonstrable consent of the users.
tracking and transparency
The challenges are diverse. According to the TTDSG, companies need users' consent to set cookies that go beyond the necessary functions. Tracking in newsletters and Facebook Custom Audiences tool are also affected by this rule. The legal landscape is often unclear here. The design of cookie banners and the equal treatment of consent and rejection options pace many companies for difficulties.
Apart from these legal challenges, the topic of data protection is becoming increasingly important. While the technology is developing quickly and offers new opportunities for companies, you have to comply with increasing regulations at the same time if you do not want to lose the trust of the users. The high fines - up to 20 million euros or 4% of the global annual turnover - that are at risk of non -compliance with the GDPR, are a clear incentive to deal intensively with these questions.With all these aspects in the back of the head, it should be noted that, especially in the area of cookies, a determined and transparent handling of data is not only legally necessary, but also necessary in order to gain and maintain the trust of the users. The technology is developing rapidly, but a good knack in data protection is the key to success.
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