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Cookie banner: mandatory or not?

A banner is not an end in itself. What matters is whether a site accesses the device or embeds services that are not strictly necessary.

Is this a risk?

Under § 25 (1) TDDDG, any access to the device that is not strictly necessary requires prior consent. Only strictly necessary operations (§ 25 (2)) are exempt. A banner that loads trackers despite “Reject” or hides “Reject” does not meet the requirements.

What you can do

How consentglass helps

The free scan checks the delivered HTML and shows which services are embedded, whether a cookie banner is detected and whether privacy-policy and legal-notice links are present — with context for each finding. It is not a substitute for legal advice.

Read on

This text is general information to the best of our knowledge, not legal advice. For an individual case, consult a law firm specialising in IT law.