More privacy for your visitors, important news for your website: The German Federal Supreme Court (BGH) has adopted the European Court of Justice (ECJ) decision on the use of tracking tools and cookies.
Based on previous legislation, cookies were activated by default on most websites and visitors could object to or “opt-out” of cookies. According to the Fashion ID ECJ ruling, certain tools, trackers, and cookies may only be used if visitors actively agree to them or “opt-in.”
The ruling of the ECJ in the “Planet 49”, which has now been adopted by the German Federal court goes one step further and completely confirms that anyone visiting a website must actively agree to the use of all cookies, except those that are strictly necessary.
In this article, we explain what the ECJ decisions mean for you and some changes we’ll be making to keep your website compliant.
What’s a cookie? Cookies are small files that can be stored in an internet user’s browser. Cookies allow websites or servers to recognize users, track activities, and create statistics.
CJEU: Visitors must consent to different types of cookies
The Fashion- ID decision from the European Court of Justice was triggered by a dispute over Facebook’s “like” button, which users can also include on their websites. More specifically, it concerned the question, “Who is responsible for the data collected by this button?” Is it the person who owns the website or is it Facebook?
Please note that Jimdo cannot and does not offer legal advice. In case of uncertainty, we recommend contacting a legal expert.
The “opt-in obligation” lets visitors decide
You might have heard about the “opt-in obligation” in the media—but what does it mean?
Jimdo will update the cookie notice on your website
The ECJ rulings affect all websites for EU users—whether you have a Facebook button or not.
The main difference will be the granular cookie banner:
- The cookie preferences are set directly in the banner
- Visitors can select / opt in to categories of cookies (performance, marketing etc.) as well as individual cookies
- The cookie banner does not disappear, but is displayed until the user accepts or rejects the cookies
- Only “Necessary cookies” are selected as the default setting, all other cookies must be actively selected by the user.
- You can customize the general description of the cookie notice under System Pages > Cookie Banner
Your statistics require cookies
As always, we recommend contacting a legal expert if you’re unsure, as we cannot offer you legal advice or using our Legal Text Generator to ensure your legal texts are GDPR-compliant.
With Jimdo, your website is well-prepared for changes in European Cookie laws and legal updates, so you can get back to running your business. We hope this article has given you a good overview of how your website will change following the ECJ ruling!