Does my online shop need a cookie banner?

Q&A • Privacy

Does my online shop need a cookie banner?

A banner is not an end in itself. What counts is § 25 TDDDG: access to the user's device that is not technically necessary requires prior consent — everything else does not.

Short answer

  1. Technically necessary cookies such as cart, login session and language choice need no consent.
  2. Analytics and marketing tools such as Google Analytics or a Meta pixel require active consent.
  3. Consent must be given before the cookie is set; a banner that merely informs is not enough.
  4. On the first layer, rejecting must be as easy as accepting.
  5. The cookie banner and the privacy notice are two separate duties: TDDDG and Art. 13 GDPR.

What is exempt from consent and what is not

Typical cookies in an online shop

PurposeConsent needed?
Cart and sessionNo, technically necessary
Language and country choiceNo, triggered by the user
Reach measurement with Google AnalyticsYes, prior consent
Remarketing pixelsYes, plus disclosure in the privacy notice
Embedded third-party videosYes, if they transmit data on load

How to proceed

  1. List every script the shop loads and classify it as necessary or optional.
  2. Block optional scripts until consent is given — otherwise the banner is pointless.
  3. Put Reject all on the first layer, visually equal to Accept all.
  4. Record the time and scope of each consent and offer a way to withdraw it.
  5. Name the same services in the privacy notice under Art. 13 GDPR.

Common mistakes

  • The analytics script loads in the page head before the user has clicked.
  • The first layer only offers Accept and Settings.
  • Adding a banner although the shop only uses necessary cookies — it costs revenue for nothing.
  • The privacy notice lists services long removed, and misses current ones.

How 4shopy helps

  • By default the shop runs without marketing cookies — so no banner is needed at all.
  • External scripts are managed centrally instead of scattered across templates.
  • Hosting and data stay in the EU, which shortens the Art. 13 GDPR documentation.