Observed Signal · May 29, 2020 · Regulation · Source: OnlineMarketing.de · Impact: 2/5 · Sentiment: Neutral
BGH: Cookie Consent Must Be Active
The German Federal Court of Justice (BGH) ruled in the Planet49 case that user consent for cookies must be given actively and may not be pre-checked. The court found that an opt-in checkbox allowing cookies and data sharing with advertisers, including a preselected option and a choice among 57 advertising partners, constitutes an inadmissible disadvantage to users. It also deemed the lack of a clear explanation of the concrete purposes behind advertising partners' data usage as unlawful. The ruling aligns with a prior EU Court of Justice position and raises questions about how DSGVO and the Telemediengesetz relate to cookie consent in Germany. Reactions across the industry were mixed: some warn of higher compliance costs and ambiguity, while others advocate for technical alternatives to third-party cookies and clearer consent standards. Industry figures emphasize the need for concrete standards and the potential acceleration of privacy-preserving approaches such as browser-independent consent solutions.
Ruling on cookie consent privacy; potential impact on consent workflows and privacy standards
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Key Takeaways & Evidence Grounding
- BGH ruled that consent for cookies must be active and not pre-ticked.
- In Planet49 case, a preselected opt-in for a Remintrex cookie and a list of 57 potential advertising partners was deemed unlawful.
- The decision aligns with EU Court of Justice positions and raises questions about DSGVO and Telemediengesetz interaction in Germany.
- Industry reactions were mixed, calling for alternatives to third-party cookies and clearer consent disclosures.
Connected Companies & Entities
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Related Market Signals & Shifts
Recent verified developments and strategic activity across this market segment.
German Federal Court Hears Cookie Storage Liability Case
Germany's Federal Court of Justice (BGH) is hearing a case on whether a technology and analytics company is liable for storing cookies on users' devices without consent on third-party websites. The plaintiff seeks damages, with lower courts awarding €1,500 and then €100. The case centers on the interpretation of the TDDDG. A ruling is not expected immediately. Legal experts say a BGH confirmation of the lower court's view would require companies to implement technical and organizational measures beyond contractual assurances to prevent unauthorized cookie placement. Meanwhile, the EU Commission proposed in November 2025 to reduce cookie banner pop-ups by allowing users to store preferences on their devices. The proposal faces scrutiny in the European Parliament and Council, with consumer advocates concerned about member states' resistance.
Trade Desk DACH chief: Open ecosystem, retail data key
In an interview with MEEDIA, Tamer Batan, the new DACH head of The Trade Desk since August 2026, discusses the fragmentation of the programmatic advertising ecosystem and the company's strategy to counter it through open, interoperable partnerships. Key initiatives include integrating German ID solutions Utiq and netID and a deepened partnership with retailer REWE to leverage purchase and loyalty data for audience targeting across the open web. Batan emphasizes programmatic's evolution into an intelligence layer and sees AI-driven ad inventory as adding further fragmentation, requiring centralized control and collaboration. He also expresses skepticism about agentic buying replacing human expertise. The interview touches on challenges in the German market, Open Web, identifiers, CTV, and retail media. Batan addresses the company's stock performance, attributing it to a need to better communicate the platform's value. Germany's privacy-conscious market is poised to lead in shaping advertising's future. The full interview is paywalled, with only the introduction public.
European netID Exec Discusses Deterministic IDs and AI's Impact
In an interview, Daniel Dagehus, CTPO of the European netID Foundation, discusses the evolving role of deterministic identifiers in the open web. He argues that while AI and probabilistic models are useful for planning and simulation, deterministic IDs remain essential for campaign activation and delivery to real people across devices. netID has integrated with major ad tech platforms, including The Trade Desk, enabling advertisers to target deterministic segments. Dagehus emphasizes the importance of publisher login relationships to maintain direct user contact and independence from tech providers, especially as AI chatbots change the customer journey. He also highlights FedCM as a standard that can simplify logins and support publisher strategies for direct audience relationships.
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