01.12.2021 - TTDSG - the new cookie banner law comes into force today

Some may ask themselves why a cookie law, isn’t it already mandatory? After all, these little cookie banners tend to be annoying and are quickly clicked away to get rid of them.

But in fact there was no uniform legal regulation on the use of cookies. The necessity arose more and more due to the GDPR guidelines and the handling of personal data. The TTDSG is a law on data protection and is therefore also called the “Telecommunications Telemedia Data Protection Act” (TTDSG).

TTDSG Telecommunications Telemedia Data protection

What is a cookie anyway?

Cookies are stored by programs on the computer within a session. Each cookie has a specific lifespan. If the user returns to the website within the lifetime of the cookie, the user can be recognized by means of the cookie. Which can mean advantages when logging in, for the items in the shopping basket or the language setting of the website.

So why are cookies a problem?

With the GDPR, everyone has a right to co-determination in the use of their personal data. This includes, for example, an obligation to provide information and the right to erasure.

Some cookies are used for marketing purposes. This is used to store the user’s behavior and display tailored advertising or messages. The user must be informed about the use of such cookies before using the website.

Do I really need a cookie banner?

The user’s consent is not required for cookies that are absolutely technically necessary. These are all cookies that are necessary for the website to be used. This includes, for example, a cookie for the language setting or for logging in. In general, however, the user should also be informed about this at best.

When do I need a cookie notice?

In any case, if the data is used for advertising purposes. It doesn’t even have to be you. User-related data is also collected by web services such as Google or Facebook.

How does that work?

For example, if you have integrated a Google font as a link in the website, cookies may already be set and data collected. The same applies to the use of YouTube, Vimeo, Font-Awesome, Google Map, social plugins and many other web services.

To use a consent tool

Then you should definitely use a consent tool as a cookie notice. However, a consent tool is not just a hint, but a very comprehensive program. It distinguishes between cookies that are necessary for the website and those that are not. It prevents the loading and setting of non-essential cookies. Non-essential cookies may only be set if the user agrees to their use. This not only refers to the use of websites, but also applications on smartphones or messaging services.

What should be taken into account?

  • Check that the cookies are not set until you give your consent.
  • The banner requires a button to “Accept” and “Reject” the cookies. The accept button must not be highlighted, for example by color or font size. It is best to make both buttons equally recognizable.
  • The user must be informed about the necessary and non-essential cookies. In addition, he must be informed about the origin of the provider as well as the type and manner of use.

Where can I find Consent Tools?

Of course, a search engine will offer you some options. There are suitable providers for every store system. There is a cookie consent tool for Shopware as a plugin that can be installed. For WooCommerce with WordPress, for example, the provider Borlabs can be used. There is a JTL EU Consent Cookie Plugin for the JTL Shop, which can be purchased for 169 €. Users of the Oxid store system and premium users of eRecht24 can use the Usercentrics cookie tool. In general, the tool is based on the integration of JavaScript and can be used platform-independently, i.e. also in HTML, PHP or Angular applications. The services must be selected manually for this. While some other tools that are integrated into the system automatically scan and recognize the various cookie applications.

Regardless of what you use, it is important that you have implemented the new regulation by now or implement it in new applications at the same time.

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