German Federal Court of Justice reviews third-party cookie liability

The German Federal Court of Justice (BGH) is reviewing whether technology and analysis companies are liable for storing cookies on users' devices without prior consent when those cookies are provided on third-party websites.

The case involves a claim for damages by a user against a service provider that supplies cookies to other companies. While the Landgericht Frankfurt am Main initially awarded the plaintiff 1,500 euros, the Oberlandesgericht Frankfurt am Main later reduced this amount to 100 euros, noting that the plaintiff had intentionally provoked the cookie placement.

The legal dispute centers on the Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG). The technology company argues that responsibility lies with the website operators who design the consent banners, claiming it is not feasible to monitor millions of client sites. Conversely, the plaintiff argues that service providers must technically ensure consent is obtained before cookies are stored. A ruling from the first civil senate is expected at a later date.