Must consent be granular in Germany? What about implied and on-scroll consent? Cookie consent rules may differ depending on the EU country. In this post, we’ll take a look at which GDPR cookie rules apply in Germany.
The use of analytics cookies can actually be based on a legitimate interest (“Reichweitenmessung und statistische Analysen”) , subject to the conditions of Art. 6 of the GDPR.
In relation to the legal basis of legitimate interest, Art. 6 GDPR lit. f) states that the basis applies only if “the processing is necessary for achieving the goal of legitimate interest” and “it overweights potential harm (if any) to the interests and fundamental rights and freedoms of data subjects”.
It’s important to note that generally, where legitimate interest applies, the user also has the right to object to the processing. Also, do keep in mind that in one example, the German DSK has stated that using an analytics tool that transfers data to third parties would not be acceptable under legitimate interest.
You can find more information here (see p12).
No, Germany does not recognize consent by scrolling to be a valid indication of affirmative consent.
No. As with consent on scroll, Germany does not recognize consent via continued browsing to be valid. Consent should be given via a direct affirmative action.
Yes, this feature is explicitly required. The explicit reject button is also required by the UK, Ireland and the Netherlands.
Yes. Except for exempt categories (which very few cookies fall into), cookies must be blocked until users have given their informed consent.
While consent must be granular, currently, there is no clear indication as to how granular – the guideline simply states “it must be possible to select single processing activities singularly”. Furthermore, you must clearly separate cookies which require consent from those that do not.
Not yet specified. You can read more about records of consent here.
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