Cookie banner in Germany

Cookie banner plays a central role in ensuring compliance with the GDPR. Certain requirements must therefore be met when creating them that are contained in the verdict of the Regional Court of Cologne (LG Köln v. 19.1.2024, 6 U 80/23, 33 O 311/22).

What are the requirements for the cookie banner?

To enable users to make their own decision, the banner should contain accurate and comprehensive information about all scripts and cookies used. It has to be possible to both reject and accept every element and to withdraw consent easily. Cookies can only be set once consent has been given and this consent must be documented. It has to be renewed regularly, at best every 6, at most 12 months.

What must the cookie banner contain?

The first banner you see when you access the website for the first time has to contain a text with instructions, buttons and links. In this text you should include information about what the banner is used for, as well as what will happen if you press a button. There should be three buttons underneath, such as „accept“, „reject“ and „further information and settings“. It is noteworthy that by pressing the „reject“ button, only technically necessary cookies are accepted. The banner should also include attachments for privacy information and an imprint, whereby opening the attachments must not lead to the acceptance of cookies that are not technically necessary. In addition, it must be possible to accept different types of cookies, such as necessary, statistical and marketing cookies.

This should be avoided

It is not recommendd to create banners that are intended to mislead the user. This means that the „accept“ button should not be more cospicuous or larger than the „reject“ button. Even though it is not prohibited, it has met with considerable criticism. According tot he latest juristidction of the Regional Court of Cologne, however, it is not permitted fort he „decline“ option not to appear on the first banner and only to be called up using a further button. The conclusion is therefore that the acceptance of cookies must be completly voluntary and should represent an active decision by the user.

Grau Rechtsanwälte PartGmbB advises audits and supports companies, also as an external data protection officer, in the area of data protection

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