New rules for cookies: TDDDG comes into force with strict penalties!

New rules for cookies: TDDDG comes into force with strict penalties!

CLDN International, a major company in the field of logistics and transport, plans to expand its ties in tea sports. This comes at a time when the company is increasingly investing in the UK market. The new ferry connections are intended not only to increase the efficiency of existing transport, but also to reduce environmental impact by reducing road traffic. Regular connections are planned that will enable faster connections to mainland Europe, which is beneficial for both companies and private travelers.

The company is working on optimally designing the planned ferry routes. Loud hansa-online.de The new connections are expected to go into operation in the first half of 2025. CLDN therefore pursues the goal of expanding the existing infrastructure and meeting the growing needs of customers.

Regulations in the area of ​​data protection

Parallel to the developments in the transport sector, there are also important innovations in data protection that can pose a challenge for companies. This occurred on December 1st, 2021 TDDDDG (Telecommunications Digital Services Data Protection Act), which was originally known as TTDSG, came into force. This law complements the GDPR and specifically regulates access to data on end devices, particularly with regard to cookies.

The TDDDG combines the provisions of the Telemedia Act (TMG) and the Telecommunications Act (TKG) and implements the often controversial Article 5 Paragraph 3 of the ePrivacy Directive. Before the TDDDG came into force, there were significant discrepancies between German and European law regarding the use of cookies. Section 15 (3) TMG previously included an opt-out regulation for consent, while the ePrivacy Directive required an opt-in.

Important regulations and consequences

In its “cookie judgment” (Planet 49), the Federal Court of Justice (BGH) laid down important guidelines for the interpretation of Section 15 Paragraph 3 TMG in accordance with the directives. On May 14, 2024, the TTDSG received the new title TDDDG, with the term “telemedia” being replaced by “digital services”. However, the content of the law remained largely unchanged.

A crucial point of the TDDDG is that the storage and access to information in end devices is only permitted with the express consent of the user. Exceptions only exist for absolutely necessary services, such as the transmission of messages. When using cookies, operators must ensure that cookie banners inform users transparently and offer an opt-in function and the opportunity to object.

Failure to comply with these regulations can have serious consequences for companies. Violations of the TDDDG are threatened with fines of up to 300,000 euros, and enforcement is the responsibility of the state data protection authorities. Interestingly, there has already been a first conviction for an illegal cookie banner.