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Cookies as personal data: What you need to know now!
Find out the latest developments in Heidenheim on October 6, 2025, including local news and cookie privacy issues.
Cookies as personal data: What you need to know now!
When it comes to the current state of data protection, the developments in recent years cannot be overlooked. The topic of cookies is currently causing a lot of discussion, especially in the context of the General Data Protection Regulation (GDPR) and the new Telecommunications Telemedia Data Protection Act (TTDSG), which came into force on December 1, 2021. Today, October 6, 2025, we take a look at the crucial points affecting the use of cookies in Germany.
Cookies, these small data stores that are saved on our devices, play a central role in digital communication. They consist of a simple pair of data divided into two parts: a name and a value. dr-dsgvo.de reports that cookies include both first-party cookies, which come from the website visited, and third-party cookies, which are set by third parties. This data may potentially contain personal information and has historically raised questions about data security.
Cookies and personal data
According to the BGH ruling from 2020, cookies are to be classified as personal data because they are often linked to the user's IP address. This attitude means that cookies may only be used with the user's prior consent, with the exception of technically necessary cookies that are essential for the operation of a website. The ePrivacy Directive, which is intended to protect the privacy of EU citizens, sets clear guidelines: storage or access to information is only permitted with informed consent. Wikipedia explains that member states are obliged to create specific data protection regulations in the telecommunications sector.
In practice, however, many websites seem to have difficulty complying with consent rules correctly. Cookie-based advertisements and banners often lead to the user's awareness of data storage being questioned. Additional complications arise from the widespread “Do Not Track” procedure, which allows users to refuse their consent to data processing – website operators must also observe clear rules here.
The responsibility for the correct handling of cookies and personal data therefore clearly lies with the website operators, who must carefully ensure that they comply with the applicable regulations. Otherwise, they could face heavy fines from data protection authorities, which so far appear to be reluctant to enforce penalties for unauthorized cookies.
Conclusion and outlook
In summary, cookies are an important but also sensitive topic in data protection. The legal framework is clear, but practical implementation remains a challenge. The coming months and years will show whether German lawmakers will take further measures to protect data protection in the digital space while offering users a secure online experience. The road to comprehensive and understandable regulation is still long, and we are excited to see how the legislation will develop.