Drawing on the European Cookie Directive and the German Tele Media Act, the Higher Regional Court of Frankfurt has ruled that the possibility of opting out meets the consent requirement relating to cookies. According to the Court, it is not necessary to place all information required into one declaration for the consent requirement to be met; instead, it is sufficient to link the information. Moreover, the identity of any third persons that have access to the cookies once consent has been provided does not need to be included in the declaration. Higher judicial level clarification is awaited for full legal certainty on this long discussed topic.
Judgement (in German)