Do I always have to inform visitors about the use of cookies?

ANSWER

It depends on the type of cookies being used.

To answer this question properly, it is helpful to distinguish between the information obligation related to storing and reading cookies and the information obligation related to the processing of personal data.

The information obligation regarding the storage and reading of cookies that are not technically necessary arises from Article 173(1) of the Telecommunications Law.

It should be noted that, according to the case law of the Court of Justice of the European Union, this obligation applies to all cookies that are not technically necessary, regardless of whether those cookies contain personal data (see CJEU judgment of 1 October 2019, Case C-673/17, para. 69 et seq.).

However, if the storage or reading of cookies results in the processing of personal data, it is also necessary to fulfill the information obligation in accordance with Article 13 of the GDPR.