Decrypated: the secrets of cookie legislation revealed!

Decrypated: the secrets of cookie legislation revealed!

On January 9, 2025, the discussion about compliance with the cookie guidelines and data protection regulations in Europe achieved a new dimension. It is important to emphasize that the Eprivacy Directive, often referred to as "cookie law", was not lifted by the General Data Protection Regulation (GDPR). This explains the herne.de , which emphasizes the need to be informed about the correct mechanisms for obtaining cookie consent.

The Eprivacy Directive and the GDPR complement each other, which means that the requirements of the so-called cookie guideline must be considered before compliance with the GDPR. The uniform rules oblige websites to obtain the consent of the users before data is stored or accessed on their devices. This guideline is technology-neutral and applies to all technologies that save or access information on the devices of the users, including cookies and device data.

consent and transparency

In order to meet the legal requirements, informed consent is essential. This means that the consent has to be based voluntarily, specifically and on a clear, positive act of the user. A box that was attached in advance is not permitted. In addition, pages must not only perform the types of cookies that are used, but also have to clearly explain their use and purpose. This requires clear communication by a cookie banner that provides users information about the use of cookies and gives them the opportunity to give or reject their consent to the cookies.

In addition, both website operators and third parties must be responsible for obtaining consent to third-party cookies. The iubenda emphasizes that cookies are small text files that are used to save the user preferences and the course. A cookie policy is recommended to explain the use of cookies and enable users to manage their preferences.

exceptions and user rights

Despite the strict rules, there are two main exceptions from the cookie guideline. The communication exemption and the necessary cookies. Even in these exceptional cases, users must be informed about the use of cookies. There is a constant confusion of names and misunderstandings, especially with regard to the fact that many believe that the cookie guideline has been abolished by the GDPR. This is not the case.

The integration of cookie banners does not have to appear every time you visit, but users should have the opportunity to change their preferences at any time. Some data protection authorities also recommend checking the validity of the consent after about six months.

The costs and the effort for compliance with these guidelines are significant, but by implementing solutions such as those that are offered by iubenda , website operators can fulfill the legal requirements more easily. These solutions support not only in compliance with the cookie guidelines, but also in the general compliance with data protection regulations in Europe.