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Federal government under pressure: withdrawal of the ePrivacy regulation!
Find out everything about the TDDDG, which regulates cookies and digital services, as well as the latest developments in the EU.
Federal government under pressure: withdrawal of the ePrivacy regulation!
On June 25, 2025, the importance of data protection in digital communication was highlighted again. That's what she reported Friedrich Alexander University Erlangen-Nuremberg about the start-up café, which brings scholarship holders and those interested in starting a business together to enable an exchange of experiences. In this context, the handling of cookies and data protection has become crucial, as many companies offer digital services that rely on the collection of personal data.
The Telemedia Data Protection Act (TDDDG), which came into force in 2021, forms a legal framework that regulates access to data, in particular cookies, and supplements the General Data Protection Regulation (GDPR). This law has reinterpreted the old Telemedia Act (TMG) and ensures that users must give their clear consent before data can be stored or accessed. Only in exceptional cases, such as technically necessary cookies, is this not necessary, which is due to the Website Dr. Data protection is explained.
The regulations of the TDDDG
A key point of the TDDDG is the clear delineation of the consent requirement. Users must be transparently informed about any data processing, especially through cookie-based banners, which must offer an opt-in function and the opportunity to object. Techniques such as “nudging” and “dark patterns”, which aim to pressure users into consent, are expressly prohibited. The enforcement of these regulations is the responsibility of the state data protection authorities, with violations punishable by fines of up to 300,000 euros.
A first conviction based on an illegal cookie banner already shows that the new regulations must be taken seriously. These measures are necessary to ensure data protection in an increasingly digitalized world.
EU ePrivacy Regulation and its meaning
Parallel to these national regulations, the focus was on the EU ePrivacy Regulation. This should replace the old e-Privacy Directive and create a modern legal framework for electronic communications. However, the planned proposal for the regulation was, as the Federal Commissioner for Data Protection and Freedom of Information (BfDI) states, officially withdrawn on February 12, 2025. This happened because no agreement could be reached between the European Parliament and the Council of the EU.
The ePrivacy Regulation was originally designed to regulate the confidentiality of communication and the handling of data in the context of digital services. A central concern was, among other things, the inclusion of over-the-top services such as WhatsApp and Skype. The absence of this regulation leaves a gap in the current data protection framework.
However, the EU is planning a comprehensive “Digital Package” for the end of 2025 that will amend several laws at the same time in order to create coherent digital legislation. The BfDI hopes that the data protection regulations of the ePrivacy Regulation can be implemented elsewhere and encourages the federal government to actively participate in the development of the new framework.
Overall, it can be seen that the discourse around data protection and digital communication continues to be intensive at both national and EU level. Developments will need to be closely monitored to ensure that user privacy is adequately protected in the digital space.