BVDW dissatisfied with TTDSG and demands a sense of proportion in the design

With the TTDSG, European legal requirements are to be implemented in national law. According to the previous “cookie judgments”, an amendment to the GDPR seems to be urgently necessary, especially because the local e-privacy directive is still a long time coming.

Paragraph 25 (1) of the TTDSG clarifies as of today in Germany: “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 is based on clear and has consented to comprehensive information ”.

Without consent, it is definitely not allowed to store or use information on end devices. The following paragraph 2 provides two exceptions, the latter being particularly interesting because consent is not required,

“2. if the storage of information in the end user’s device or access to information already stored in the end user’s device is absolutely necessary so that the provider of a telemedia service can provide a telemedia service expressly requested by the user. “

The BVDW believes that, thanks to these formulations, the already prevailing legal uncertainty with the use of cookies & Co. in the digital economy will remain. Because what does absolutely necessary mean? “An interpretation of the regulations in line with interests, such as the ‘absolute necessity’, and appropriate supervisory authority practice are therefore now decisive in order to achieve the goal of greater legal certainty,” says BVDW Vice President Dr. Moritz Holzgraefe.

On the one hand, the association calls on the state data protection supervisory authorities to interpret the legislation “uniformly and sensibly in a market with global competition”. On the other hand, the ministries are to “develop further purposeful and also Europe-wide unique and exemplary parts, such as § 26 TTDSG on Personal Information Management Systems (PIMS), through implementing acts”.

In particular, the BVDW finds clear words on the debate about a “Reject all” button on the cookie banners of the consent management platforms. This is neither legally required nor does it strengthen the informational self-determination of users. The informed decision about the consent remains denied to the users, says Thomas Duhr. “As a result, if the TTDSG is interpreted without a sense of proportion, significant negative effects for the digital economy based in Germany are to be expected,” said the BVDW Vice President.

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