German DPA Guidelines Impose Strict Limitations on Cookies
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021.
Guidelines provide that if no personal data is processed, only TTDSG is applicable. If both personal and non-personal data is processed, both TTDSG and GDPR apply. However, for the storage and access of information on/from terminal equipment, TTDSG takes precedence. For the subsequent processing, GDPR applies.
Legally compliant consent is by no means automatically obtained through the use of the consent management platforms (CMP) alone. The responsibility for the effectiveness of the consent obtained remains with the respective provider of the telemedia service.