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Cookie Notice Confusion: What You Need to Know Now!
Discover Greiz: Current information on data protection, cookie guidelines and the new legal requirements from 2025.
Cookie Notice Confusion: What You Need to Know Now!
A hot topic that many of us are familiar with: cookies. Regardless of whether you are surfing your favorite websites or shopping on the Internet - almost everyone has seen this small banner asking for consent to cookies when they first visit a website. But what exactly is behind it and why is it so legally sensitive?
Again Vogtland mirror informed, the rules of the game for cookies have changed significantly with the entry into force of the General Data Protection Regulation (GDPR) and the new Telemedia Digital Data Protection Act (TDDDG). The EU Directive 2002/58/EC, also known as the e-Privacy Directive, requires that users must give consent - i.e. explicit consent - before unnecessary cookies are set. This includes not only statistics and marketing cookies, but also all those that record user behavior.
The legal framework
Even before the GDPR, the use of cookies was quite complicated datenschutzexperte.de noted. While the Telemedia Act (TMG) originally only provided for an obligation to provide information, the GDPR has set clear requirements. If a website uses cookies that are not necessary for the technical function, the express consent of the user is required. However, users may reject the cookie options at any time without affecting the basic functionality of the website.
The European Court of Justice (ECJ) has dealt intensively with the issue of cookie notices and data protection. And that's important because when you log in to websites, cookies can be used to create cross-device user profiles. If website operators do not act in accordance with the regulations, there may be 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 an important role specifically for digital services and data protection in relation to end devices dr-datenschutz.de explained. It replaces the old TMG and combines the provisions of the Telecommunications Act and Telemedia Act. In practice, this means that website operators who use cookies will have to provide even clearer information about data processing in the future and obtain the necessary consent. The term “telemedia” has been replaced by “digital services,” which in itself places a clearer focus on the concerns of today’s digital world.
The TDDDG puts an end to the uncertainties that previously existed regarding cookie consent. Now operators must ensure that their cookie banners provide clear information and include an opt-in function. In addition, “nudging” and “dark patterns”, i.e. methods that are intended to trick users into consent, are no longer permitted. In this way, the legislation manages to strengthen the rights of consumers and promote more transparent internet use.
In summary, anyone who is online should be aware of how cookies work and what the legal framework is all about. Ultimately, the new laws give both users and providers the opportunity to act more securely and informed online - and thus promote better handling of personal data.