Consent management refers to obtaining, documenting and managing consent, typically through a consent management platform on websites and in apps.
What a consent management platform is for
On the first visit, a consent management platform (CMP) displays a consent banner, blocks cookies and services that require consent until consent is given and stores the choice made in a verifiable way.
It covers both consent to access the terminal equipment under Section 25 TDDDG and consent under data protection law in accordance with the GDPR.
Requirements for a compliant banner
- no pre-ticked boxes
- rejecting as easy as accepting
- clear information about purposes and providers
- withdrawal possible at any time and as easy as giving consent
- no data transfer before consent
In its judgment of 1 October 2019 (C-673/17, Planet49), the CJEU clarified that a pre-ticked checkbox does not constitute valid consent.
Legal provisions
- Section 25 TDDDG
- Consent for storing and accessing information on terminal equipment.
- Art. 4(11) and Art. 7 GDPR
- Definition of and conditions for consent.
- Section 26 TDDDG
- Recognised consent management services.
Related terms.
Cookies Cookies are small text files that a website stores on the user's terminal device in order to recognise the user or save settings. Section 25 TDDDG 
Consent Consent is a freely given, specific, informed and unambiguous indication of a person's wishes by which they agree to the processing of their data. Art. 4(11) GDPR Privacy notice The privacy notice is the information with which a controller informs data subjects about the processing of their personal data, typically on a website. Art. 12 GDPR
All terms from A to Z Consent Consent is a freely given, specific, informed and unambiguous indication of a person's wishes by which they agree to the processing of their data. Art. 4(11) GDPR Privacy notice The privacy notice is the information with which a controller informs data subjects about the processing of their personal data, typically on a website. Art. 12 GDPR 