What does this cover?

Within the context of the EU Directive on Privacy and Electronic Communications (2002/58/EC) (the Directive) and the German national law, the Telemedia Act (the Act) which deals with all electronic information and communication services, the Higher Regional Court of Frankfurt (the Court) has decided that the consent requirements in relation to cookies are met by presenting individuals with the choice of opting out of cookies.

In addition, the Court deemed it sufficient to provide a link through to the complete cookie policy information and websites need not provide all the information at the declaration stage when an individual accesses a website.

It is expected that further judicial discussion will take place on this issue.

To view the Court's judgment, please click here (German).

To view the Directive, please click here.

What action could be taken to manage risks that may arise from this development?

Organisations operating in Germany should continue to ensure cookie opt-out declarations are present on their controlled websites, in order to adhere to the requirements under EU law.