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December 2020

The use of cookies on websites

17. December 2020

In its ruling of May 28, 2020 (I ZR 7/16), the German Federal Supreme Court (BGH) addressed the question of whether users must actively consent to certain cookies. The Federal Association of Consumer Associations had filed a lawsuit against a sweepstakes provider because of a pre-ticked checkbox for cookies that were intended to serve the creation of usage profiles for purposes of advertising or market research. After referring the matter to the ECJ (judgment of 1.10.2019, C-673/17), the BGH rendered a judgment as the final instance. The Federal Court of Justice (BGH) has assessed the legality of the use of cookies in accordance with Section 15 (3) Sentence 1 of the German Telemedia Act. ...

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