Consent Management: Use cookies, Google services & Co. in compliance with GDPR
Posted: Sun Apr 20, 2025 3:53 am
Consent management, i.e., managing consent to the processing of user data, is currently a hot topic among website tools . And no wonder! The increase in warnings for using services like Google Maps or Google Analytics without explicit consent is putting website operators under pressure to act. We provide an overview of the current legal situation and show how the collection of personal data can be implemented in compliance with the GDPR using a consent management tool.
Consent Management Cookies
Why consent management?
Website operators need user data to optimize their marketing and sales activities. This jordan phone number data data allows them to understand the effectiveness of their website content and improve it in a targeted manner. It allows users to be recognized and provided with personalized content. The customer experience can be specifically improved, and the website generates more leads.
Now, there is one limitation: The collection of user data is subject to strict legal requirements. Before personal data can be collected, users must consent to this process. This is precisely what consent management is all about: obtaining, storing, and managing user consent within the framework of legal regulations.
What is the legal basis for processing user data in Germany?
Two sources in particular are worth mentioning here: the GDPR and recent rulings of the European Court of Justice (ECJ). While the GDPR regulates the collection and processing of personal data in general, the ECJ deals with specific issues, such as the use of cookies. This was originally intended to be addressed within the framework of the ePrivacy Regulation, which, however, has not yet been implemented.
Let's start with the current legal decisions, more specifically the Federal Court of Justice's cookie ruling of May 28 of this year. According to the Telemedia Act, it was previously sufficient to inform website visitors about the use of cookies, for example, by referring to the privacy policy. However, even then, this conflicted with European directives that required active consent, for example, for tracking cookies.
Now, following a ruling by the European Court of Justice (ECJ), the Federal Court of Justice (BGH) has ruled that non-functional cookies require the user's active consent (a so-called "opt-in"). Accordingly, mere banners that merely inform the user about the use of cookies are no longer sufficient. Pre-selecting non-functional cookies by checking boxes is also not permitted. An overview of illegal practices for obtaining consent to cookie use can be found in this article .
Consent Management Cookies
Why consent management?
Website operators need user data to optimize their marketing and sales activities. This jordan phone number data data allows them to understand the effectiveness of their website content and improve it in a targeted manner. It allows users to be recognized and provided with personalized content. The customer experience can be specifically improved, and the website generates more leads.
Now, there is one limitation: The collection of user data is subject to strict legal requirements. Before personal data can be collected, users must consent to this process. This is precisely what consent management is all about: obtaining, storing, and managing user consent within the framework of legal regulations.
What is the legal basis for processing user data in Germany?
Two sources in particular are worth mentioning here: the GDPR and recent rulings of the European Court of Justice (ECJ). While the GDPR regulates the collection and processing of personal data in general, the ECJ deals with specific issues, such as the use of cookies. This was originally intended to be addressed within the framework of the ePrivacy Regulation, which, however, has not yet been implemented.
Let's start with the current legal decisions, more specifically the Federal Court of Justice's cookie ruling of May 28 of this year. According to the Telemedia Act, it was previously sufficient to inform website visitors about the use of cookies, for example, by referring to the privacy policy. However, even then, this conflicted with European directives that required active consent, for example, for tracking cookies.
Now, following a ruling by the European Court of Justice (ECJ), the Federal Court of Justice (BGH) has ruled that non-functional cookies require the user's active consent (a so-called "opt-in"). Accordingly, mere banners that merely inform the user about the use of cookies are no longer sufficient. Pre-selecting non-functional cookies by checking boxes is also not permitted. An overview of illegal practices for obtaining consent to cookie use can be found in this article .