In its activity report in chapter 8.3 “Cookie banners” on page 55, the BayLDA points out that many cookie banners often do not provide the customer with all the necessary information so that effective consent can be obtained.
To obtain effective consent, the following requirements should be met:
- When the website is opened, a banner appears with all the processing operations requiring consent, including the actors involved. Here, the customer must be able to make the selections independently without default settings.
- First of all, the banner blocks all scripts on a website that could collect user data.
- Data processing may only take place after the customer has given active consent (no default settings!).
- The giving of consent may only be stored for evidence purposes. However, indirect identification of consent by the customer as evidence is permissible and sufficient.
- In addition, there must be a possibility for revocation.
- It should be clarified that the consent does not only cover the use of cookies. In the event that other processing requiring consent is used on the website, such as tracking pixels or canvas fingerprinting.
Further information: https://www.lda.bayern.de/media/baylda_report_08.pdf