On December 1, 2021, the law on data protection and the protection of privacy in telecommunications and telemedia (Telekommunikation-Telemedien-Datenschutz-Gesetz, TTDSG) comes into force. The term telemedia includes, for example, websites and apps. This law is in addition to the scope of the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and is intended to prevent undesired access to information stored on computers, tablets or mobile phones.
In the future, when using technologies such as cookies, web storage, browser fingerprinting, etc. – regardless of the question of whether personal data is processed – the consent of the user must be obtained. A further consent according to the GDPR can be added if the processing of personal data in this context is based on Art. 6 (1) a GDPR. In principle, both consents can be obtained at the same time.
In Section 25 (1) TTDSG, the principle of the need for consent is defined as follows:
(1) The storage of information in the end user’s terminal equipment or access to information that is already stored in the terminal equipment is only permitted if the end user has consented on the basis of clear and comprehensive information. The information of the end user and the consent must be given in accordance with Regulation (EU) 2016/679. In Section 25 (2), the TTDSG formulates narrowly limited exceptions to the consent requirement:
Why is a new law on data protection even necessary?
Click here for an overview and FAQ of the TTDSG in German.