Everyone knows them: The cookie notices as soon as you open a website. Unfortunately, these cookies are not cookies either, but a text program that runs in the background of the website. Depending on which setting the user has chosen, these settings can be retrieved by the web server at a later time. This saves the user from having to make the settings again and again when visiting a website several times, because the server remembers the data entered.
Is the use of cookies helpful?
Many users see confirming or rejecting cookies as an annoying evil associated with browsing the Internet. However, the use of cookies brings some advantages to the user:
Settings in the web browser can be saved for a later, renewed visit to the website
In online shopping, a shopping cart that already contains items can be displayed again at a later time. The user does not have to add the items again
Cookies help the website operator and the user to display the page correctly when it is called up again, with the previously individually selected settings.
The user can be recognized by cookies. For example, if the user comes back to your website via a social media ad, this can be recognized and the user does not have to log in again.
However, all this can only work if the user has previously agreed to the use of cookies.
What are the types of cookies?
Technically necessary
These include all cookies that are absolutely necessary so that the content is displayed correctly to the visitor of the website. They are essential for the functioning of the website. This includes, for example, the storage of settings in the cookie banner.
Technically unnecessary
The technically unnecessary cookies are cookies that require consent. For example, they evaluate the usage behavior of your website visitors for analysis purposes. If you use Google Analytics or map services such as Google Maps, the user must consent to the analysis of his data. The user must also consent to the use of social media plugins on the website.
First party
First party cookies are set by the website operator. This means that, with the user’s consent, only the data from the website on which the user is currently browsing is tracked. First party cookies are not used across different domains.
Third Party
Third party cookies are often set by advertisers and thus not by the website operator itself. A user can therefore be on a website on which first party cookies and third party cookies are used at the same time. Third party cookies are mainly used by advertisers who have placed web ads on the corresponding website. The cookies collect and store information about the user. If he visits another website on which the advertisement is also placed, he will be recognized. Third party cookies are used to evaluate the surfing behavior of a user over a longer period of time.
What are the implications of the TTDSG in relation to cookies?
The Telecommunications Telemedia Data Protection Act, TTDSG for short, came into force on 01.12.2021. This law also contains a provision on the use of cookies. This is intended to integrate the requirements of the ePrivacy Guidelines into German law. The TTDSG also serves to protect consumers in accordance with the GDPR. With regard to cookies, the notice of use by the user must be voluntary, informative, unambiguous and explicit. The consent to the use of cookies must be revocable by the user at any time. This sounds very complex at first, but it is already the standard for most cookie banners. The visitor of your website can freely decide which use of cookies he agrees to and which not.
What does a correct cookie notice look like?
The correct design of the cookie banner is important for your website. Your notice must contain the following points:
Opt In for essential cookies (technically necessary)
Opt In for additional cookies (technically not necessary)
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