Fight for cookies: what the new data protection law means for users!

Fight for cookies: what the new data protection law means for users!

Today, on June 20, 2025, all signs are on change, especially when it comes to using cookies and data protection on the Internet. The legal framework for cookies has long been a hot topic, and many website operators have often moved in uncertain waters. Trinitymusic reports of the latest developments that can affect both the operators and the users.

Cookie banners can now be found almost everywhere. You should ensure that data security remains preserved and the legal framework becomes clearer. A look at the basic features shows that the legal situation on cookies in Germany was anything but clear until recently. According to WBS , many operators have used simple "OK" buttons that do not really leave the user the choice. The telecommunications elemedia data protection law (TTDSG), which has been in force since December 2021, has hit some regulations here, but many questions remain unclear.

The importance of cookies and their consent

What are cookies? In essence, these are small text files that website operators save to identify users. There are different categories of cookies that can be divided into two large groups: necessary cookies that are used, for example, for the shopping cart and login status, and analysis and marketing cookies that serve for behavioral analysis and personalized advertising. No consent is only required for absolutely necessary cookies, which is not easy to define, because there is no binding catalog for this.

The use of cookies for marketing purposes, on the other hand, always requires an explicit consent of the user. The BFDI emphasizes that there are currently many legal questions about cookie banners, for example for the appropriate design or the equivalence of the consent and rejection options. It is no secret that warnings occur frequently due to lack of consent.

What's coming according to the Eprivacy Ordinance?

An important aspect for the future is the so-called Eprivacy Ordinance, which aims to improve the protection of privacy in electronic communication. It was planned to put this regulation together with the General Data Protection Regulation (GDPR). But The EU Commission has withdrawn the project in the work program for 2025. The reasons for this are versatile and range from missing agreements in the council to the complexity of the regulations.

However, the “Digital Package”, a new law, is plans for the end of 2025, which should deal with several regulations on the digital legal situation at the same time. The success of this project could fundamentally change the way companies deal with data, fundamentally change and ensure more clarity. The BFDI wishes that the data protection rules of the EPRIVACY regulation will be taken into account in this new context.

In the meantime, it remains to be seen how these developments will affect the daily use of the Internet. One thing is certain: The discussion about data protection and cookies remains an issue that will continue to deal with all - entrepreneurs and users alike.