Confusion about cookie information: what you need to know now!

Confusion about cookie information: what you need to know now!

A hot topic that is well known to many of us: cookies. Regardless of whether you are surfing on the favorite pages or when shopping on the Internet - almost everyone has seen this little banner when you visit a website for the first time, which asks for approval to cookies. But what exactly is behind it and why is the legally so delicate?

How the VogtlandSpiegel , the game rules for Cookies have changed significantly with the entry into force of the General Data Protection Regulation (GDPR) and the new Telemedien-Datzutz law (TDDDG). The EU Directive 2002/58/EC, also known as the E-Privacy Directive, requires users to give consent-i.e. explicit consent-before not necessary cookies are set. This not only includes statistics and marketing cookies, but everyone who captures user behavior.

The legal framework

Even before the GDPR, the use of cookies was a rather complicated terrain, such as datenschutzexperte.de noted. While the Telemedia Act (TMG) originally only provided an obligation to notify, the GDPR has made clear requirements. If a website uses cookies that are not necessary for the technical function, explicit consent of the users is required. However, users can reject the cookie options at any time without the basic functionality of the website suffer.

The European Court of Justice (ECJ) has dealt intensively with the topic of cookie note and data protection. And that is also important, because when registering on websites, cookies can be used to form cross -device user profiles. If operators of websites do not act in accordance with the prescription, there are unpleasant consequences. Violations of the regulations can be punished with fines of up to 300,000 euros.

the TDDDG and its meaning

Another point that should not be underestimated: On December 1, 2021, the TDDDG came into force, which plays a significant role in terms of digital services and data protection in terms of end devices, such as dr datatenschutz.de explained. It replaces the old TMG and unites regulations of the Telecommunications Act and Telemedia Act. In practice, this means that website operators who use cookies will have to inform you even more about data processing in the future and obtain the necessary consent. The term "telemedia" was replaced by "digital services", which in itself puts a clearer focus on the concerns of today's digital world.

The TDDDG is breaking the uncertainties that previously previously prevailed. Now operators must ensure that their cookie banners provide clear information and contain an opt-in function. In addition, "nudging" and "Dark Patterns", i.e. methods that are supposed to tempt users to consent, are no longer permitted. In this way, the legislation manages to strengthen consumers and to promote more transparent internet use.

In summary, it can be said that if you are online, you should be aware of how cookies work and what the legal framework is all about. After all, both users and providers have the opportunity to act more safely and informed online by the new laws - and thus promote better handling of personal data.