Section 15(3) of the Telemedia Act

On January 12, 2021, the German Ministry for the Economy and Energy released a new draft Law on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (“TTDSG” or “draft law”).  If enacted, the draft law will replace the existing data protection and privacy provisions of Germany’s Telemedia Act and Telecommunications Act (“Telemedia Act”), including provisions applicable to the use of cookies and similar technologies.  The draft text was subject to public consultation from its publication until January 22, 2021, and responses submitted during that period will now be considered by the German Federal Government in advance of a formal proposal for the Federal Parliament to consider.
Continue Reading Germany Publishes New Draft Rules for Cookies and Similar Technologies

On May 28, 2020, the German Federal Supreme Court handed down its decision in the Planet 49 case regarding the consent requirements for the use of cookies. The decision follows the Court of Justice of the European Union’s preliminary ruling of September 10, 2019. The decision has not yet been published, but the court has issued a press release.

The court decided that the use of pre-ticked boxes was not a valid form of obtaining consent for cookies before May 24, 2018 and remains an invalid way of obtaining consent under the GDPR. The court’s decision applies the German provisions on cookies in the German Telemedia Act which it interprets in light of the EU Directive on Privacy and Electronic Communications (“ePrivacy Directive”).
Continue Reading German Federal Supreme Court Issued Cookie Decision in Planet 49 Case