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The word cookie does not appear in the text of the new DSGVO. What does it mean?

It means that as from May 2018, the general principles for the collection of data apply to all website operators. Since cockies usually have a person reference and are assigned to a particular person, the following prerequisites apply to the collection of such data:

• the data subject has given his / her consent
• the processing of data for the performance of a contract
• the processing in order to comply with a legal obligation
• the processing to protect the vital interests of the person concerned
• the processing for the performance of a task which is in the public interest or in the exercise of public authority
• the processing in order to protect the legitimate interests of the person responsible or a third party

The consent for cookies can be given in the form of a written / electronic or an oral declaration. In this case, this can be a check box, a particular selection in the browser settings, or some other explanation or behavior. It is important that the data subject clearly signals their consent to the intended processing of their personal data. It must be announced who exactly collects, stores and uses the data, and for what reason this is done. It must also be informed that the user has a right of revocation.

The request by electronic means must be made in a clear and concise manner. Cookie banners, which work through a non-pre-arranged checkbox, are already a common practice to make the call workable. No consent is, however, silent, already ticked boxes or inactivity of the person concerned.

The extent to which consent may be waived remains to be seen.

In the future the DSGVO will be accompanied by the e-Privacy regulation. This should apply directly in all EU countries. The EU Commission has acknowledged the fatigue of consumers regarding the approval of such services with regard to the use of cookies. The following approach is therefore used in the explanatory statement:

"Thanks to the centralization of consent in a software such as internet browsers and the invitation to users to choose their privacy settings, as well as extended exceptions to the consent regulations regarding cookies, a significant proportion of the companies could access cookie banners and which would potentially result in significant cost savings and simplifications. "

Consent will continue to be required when using cookies. However, in the future, consumers will be permitted to use the browser settings or other tracking tools. This can make it more difficult for targeted online advertising if a large part of the users choose the setting to reject cookies from third parties.