At the end of last year, the ECJ concluded, by means of a judicial decision, that cookies may only be set within the framework of an active Opt-in procedure. Following this decision by the ECJ, website operators must now let users make the decision as to whether they want to set cookies. This does not include cookies that are required to ensure the website runs properly. This applies, for example, to cookies that affect the functionality of the shopping basket or login area. The use of strictly necessary cookies does not need to be requested, however, in line with the decision by the ECJ, the cookie banners must provide the option of only opting for these essential cookies. Preselecting check boxes is no longer permitted as, from a legal perspective, deactivating boxes is no longer classified as active permission. It is also no longer possible for cookies to be set without user permission. Some websites have thereby already interpreted opening the website or scrolling as permission for activating cookies (Opt-out solution), even if the banner was ignored by the user and no active consent was granted.  Data collection of this kind is not permitted either. What’s more, the user must also be given the option of changing their cookie settings retroactively. Finally, it is important to note that the user has to know what types of data are used for which purpose (e.g. profiling, information for online marketing purposes, IP addresses, etc.). This can be placed directly in the banner or in the privacy policy. Have you already checked your website for the above and made the necessary alterations? Skrivanek is happy to help with the translation of any texts concerning consent, banners and more into over 50 languages.