Actively Allowing Cookies & Specific Choices

Dear realmaker client,

you have probably noticed that more and more websites offer cookie banners with individual cookie settings. Before you can use these websites, you have to accept that cookies are set and decide which types of cookies you want to allow.

As a user, you tend to find the cookie banner off-putting or annoying – so why are more and more websites installing this plugin?

The GDPR requires every visitor to a website to actively consent to the use of cookies if the cookies store user-specific data. The legally compliant consent request was supposed to be specified in the ePrivacy Regulation, which has still not been adopted. That is why the courts currently have to decide case by case whether a formal warning (Abmahnung) for a missing cookie consent is admissible. In this context, the ruling of the German Federal Court of Justice (BGH) of May 28, 2020 is relevant: it decided that marketing and statistics cookies may only be set with the visitor’s explicit consent.

So that my clients’ websites can meet this requirement, I now offer the Borlabs Cookie plugin as part of most maintenance contracts .

If you have concluded a maintenance contract with realmaker, there are no additional costs for you: from now on, the cookie plugin is part of my maintenance contracts at no extra charge.

As things stand, this or a comparable plugin is needed if:

• your website uses Google Analytics
• YouTube or Vimeo videos are embedded in your website
• your website uses Google Maps
• Twitter, Facebook or Instagram are embedded in your website

Of course, you can also buy this plugin directly from the manufacturer and set it up yourself: https://de.borlabs.io/borlabs-cookie/.

Alternatively, you could remove certain functions from your website so that no user-specific data is stored. In that case, the cookie consent prompt would not be necessary.

If you have any questions or would like to get the Borlabs Cookie plugin through me, just get in touch via the Contact page.

This article does not constitute legal advice.