20th Jul 2020
A consent to be declared by the user, which allows cookies to be called up by means of a preset checkbox, does not meet the consent requirement

A consent to be declared by the user, which allows cookies to be called up by means of a preset checkbox, does not meet the consent requirement

a) Effective consent to telephone advertising within the meaning of § 7 Abs. 2 No.. 2 Fall 1 UWG is not available, if the consumer is confronted with a complex procedure for deselecting partner companies listed in the list when declaring consent, that can make him do it, to refrain from exercising this choice and instead to leave the choice of advertising partner to the entrepreneur. The consumer does not know due to a lack of knowledge of the content of the list and without exercising the right to vote, the products or services of which entrepreneurs recorded the consent, there is no consent for the specific case. b) § 15 Abs. 3 Set 1 TMG is with a view ...