Cookie consent tool for your website
Since the CJEU ruling of 1 October 2019, website operators must, under the Cookie Directive, provide comprehensive information about the cookies they set and obtain consent from their website visitors for the processing of personal data.
In addition, since December 2021 the German Telecommunications Telemedia Data Protection Act (TDDDG) has clearly stipulated that storing information in the end user’s terminal equipment, or accessing information already stored there, is only permitted if the end user has given consent. The Federal Court of Justice (BGH) has confirmed in a ruling that this consent must be given actively by the user. To act in compliance with the GDPR (DSGVO), Händlerbund strongly recommends using a cookie consent tool, which is integrated into the Händlerbund packages in different tiers.
- For up to 55,000 page views per month (depending on membership package)
- Appearance customizable to your shop design
- Integrated cookie crawler that regularly checks your web pages for new cookies
Benefits & features of the cookie consent tool
Enables legally secure consent to non-essential cookies.
Go international.
Go international.
Adapt the banner to your UI/corporate design and achieve the highest possible opt-in rates.
When the legal framework changes, you automatically receive the necessary adjustments.
You sell. We handle the legal side.
- Legal texts from a lawyer, not from a generator – with liability coverage, of course
- One number for all your legal questions, instead of hours of research on your own
- If you receive a cease-and-desist letter, we take over the case – even retroactively** (Business and Enterprise)
- A lawyer checks your shop before someone else does
- Packages from €9.90* per month, individual services also available as add-ons
FAQ Cookie-Consent-Tool
What are cookies?
The word “cookie” literally means a small baked biscuit. In connection with a website or the internet in general, it refers to small packets of data that are stored on your computer. These data packets come from the websites a user visits. Nowadays, there are hardly any websites that don’t use cookies. That’s because cookies take on numerous tasks that make work easier for either the website’s user or its operator. Below you’ll find some examples of what cookies are used for:
- Session cookies are necessary to use a website without errors. For example, they briefly store your username and password so that you don’t have to log in again and again. After you log out or leave the website, the cookie is removed again.
- Login session cookies store user data even after you leave the website and retrieve it again the next time you visit. This can include site settings, but also your username and password. This makes browsing the internet easier for you.
- Shopping cart cookies allow a potential buyer to keep browsing the shop, or even other websites, after selecting the first product. The shopping cart is kept in the meantime.
- Tracking cookies, in contrast to those mentioned above, serve exclusively the website operator or the company that provides the cookies. They record the user’s behavior on the website and, in some cases, on other websites too. This allows advertising to be personalized, for example.
Which rules on handling cookies does the GDPR contain?
Precisely because of their many different uses, cookies are legally difficult to classify. Even before the EU’s General Data Protection Regulation (GDPR), there was an obligation under the German Digital Services Act (DDG) to point out cookies. The introduction of the GDPR (DSGVO) initially caused further uncertainty, as it does not explicitly regulate how cookies should currently be handled. However, there are provisions that state under which conditions personal data may be collected, stored and processed.
Under what conditions may cookies be used under the GDPR (DSGVO)?
Article 6(1) GDPR (DSGVO) determines when the processing of personal data is lawful. For a website operator, two of the six options are particularly relevant: they need either the consent of the data subject or a “legitimate interest”. Consent must always be given before cookies are activated. For this reason, since the GDPR came into force in May 2018, there have been pop-up windows that prevent use of the website until the user has agreed to the use of cookies. Alternatively, the use of cookies can also be declined. Depending on how necessary the cookies are, rejected cookies are either not activated or the user cannot use the website.
Which cookies require the user’s consent?
Cookies can be roughly divided into two categories:
- The first group consists of technically necessary cookies. Unfortunately, there is no legal definition of “technically necessary”. According to the generally accepted view, this includes all cookies without whose activation the website cannot be used, or can only be used with difficulty. Session cookies are unproblematic. But long session cookies and shopping cart cookies are also likely to fall into this category. The website operator has a legitimate interest in using these cookies. They therefore do not need consent. However, they must still inform the user about the use of cookies. The most common form is a cookie bar, i.e. a banner with a notice. In addition, all cookies used must be described in detail in the privacy policy.
- The second group consists of technically non-necessary cookies. These include all web analytics tools and marketing tools. A website operator cannot have a legitimate interest in using these cookies. They must therefore obtain the user’s consent first. In addition, these cookies must also be listed in detail in the privacy policy.
What is a cookie consent tool?
A cookie consent tool helps you comply with legal requirements. As the name suggests, it is a tool that obtains users’ consent for you. It usually takes the form of a pop-up window that opens as soon as someone visits the website. The cookie consent tool should describe which cookies the website operator wants to use, how these cookies work and what their respective purpose is. In addition, users should be given the option to reject or accept cookies individually. Furthermore, users must be informed about their right to withdraw their consent. Naturally, no technically non-necessary cookies may be active when the cookie consent tool is displayed. Only once the user has selected and accepted cookies may the selected cookies run in the background.
Who needs a cookie consent tool?
You need a cookie consent tool if you use cookies for which you must obtain the user’s consent under the GDPR (DSGVO) (technically non-necessary cookies). Typical cookies of this kind include, for example, Google Analytics, Facebook Pixel, and tracking and marketing tools. If you only use cookies that are indispensable for using the website, you don’t need a cookie consent tool. If you’re unsure whether your cookies are technically necessary or not, you should use a cookie consent tool when in doubt. They come in many different variants, for every content management system and in all price ranges.
What are the consequences of using cookies without the necessary consent?
Violations of the GDPR (DSGVO) can have various consequences. First, the competent supervisory authority can impose a fine. Since the introduction of the GDPR, the maximum fine has increased considerably. Users can report a faulty website so that the supervisory authorities become aware of it. They can also issue a cease-and-desist letter for cookie violations against the website operator themselves, at the operator’s expense.
Competitors are entitled to do so because the operator gains a competitive advantage if, unlike its competitors, it doesn’t comply with legal requirements. Users can also issue a cease-and-desist letter against the operator, as they are affected by the unlawful processing of their data. As a rule, instead of the users themselves, lawyers or consumer advice centers send the cease-and-desist letters. Finally, the unlawful processing of data can cause damage to users or competitors.
If this can be proven, the operator must not only compensate for the damage but also cover the court and legal costs incurred. For all these reasons, it is advisable to invest some time and money in the privacy policy and the cookie consent manager.
* All prices are net plus mandatory sales tax. The minimum contract term is 12 months.
** Help with warnings is a voluntary solidarity support service for members of the Händlerbund e.V. The conditions of the warning assistance result from the legal protection order of the Händlerbund e.V.