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ARTICLE · 18 JANUARY 2022

Esin DigiDiary - Monthly Tech Litigation Digest: German Court's Decision On Cookie Management Providers

The The Wiesbaden Administrative Court ("Court") prohibited the use of a cookie consent management platform hosted by a US-based service provider by the RheinMain University...

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The The Wiesbaden Administrative Court ("Court") prohibited the use of a cookie consent management platform hosted by a US-based service provider by the RheinMain University of Applied Sciences ("University") in its decision ("Decision") dated 1 December 2021. The Court evaluated that the use of a consent management platform hosted by a US-based provider constitutes a cross-border data transfer under the General Data Protection Regulation (GDPR). The Decision was made in interim proceedings, and is therefore not final and binding. However, the findings of the Court are important as they concern the cookie practices of companies.

Background

The University uses a consent management platform on its website to store the cookie preferences of visitors, and the consent management platform uses a US-based hosting provider for its services. The applicant requested that the University cease its collaboration with the consent management platform on the grounds that this

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