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New data protection law: what does this mean for your website?
Find out everything about the UNI Erlangen-Nuremberg and its current regulations on cookies and data protection via TTDSG on June 2, 2025.
New data protection law: what does this mean for your website?
On June 2, 2025, the issue of data protection remains of central importance in Germany. In particular, the regulations surrounding cookies and tracking mechanisms are in the focus of public interest. These regulations are important because they significantly influence the interaction between the user and the websites.
The new Telecommunications Telemedia Data Protection Act (TTDSG), which came into force on May 14, 2024, implements the ePrivacy Directive into German law. This law requires website operators to obtain users' consent before using cookies or similar technologies that are not strictly necessary. This means that not every website requires a cookie or consent banner, like baden-wuerttemberg.datenschutz.de explained. Consent is not required if no processing requiring consent takes place.
Consent and exceptions
Under the TTDSG, consent is required when information is stored or accessed on the user's device. Exceptions only apply if storage is necessary to carry out the transmission of a message via a public telecommunications network or relates to the provision of an expressly requested telemedia service. The term “cookies” is used as a collective term that also includes techniques such as local storage, advertising identifiers or fingerprinting.
Active consent is particularly necessary when using tracking technologies. Providers are obliged to obtain clear, understandable and non-misleading consent from users, especially when it comes to social media or advertising networks. The requirements of the TTDSG are closely linked to the requirements of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, with regard to the legal conformity of the data collected. How dr-dsgvo.de describes, explicit consent is particularly important when it comes to special categories of personal data.
Cookies and their use
The strict requirements for cookies result, among other things, from the ruling of the Federal Court of Justice in the Planet 49 case, which clarified that the obligation to consent also applies to the collection of data for user profile creation. This applies to cookies that are not strictly necessary and similar technologies. Operators should therefore be careful how they use cookies and other tracking mechanisms to avoid legal challenges. If possible, they should prioritize the use of technically necessary cookies and try to minimize the effort required to obtain consent baden-wuerttemberg.datenschutz.de.
Consent via banners is only required if non-essential cookies are used. Strictly necessary cookies, on the other hand, which are used, for example, for session management or user input, do not require such consent. Compliance with the TTDSG and GDPR requirements also remains essential for server-side tracking, meaning that providers continue to bear responsibility for data processing.
In summary, it can be said that the complex legal requirements in the area of data protection have a significant impact on how websites handle personal data. Users should be aware of their rights and website operators are required to strictly adhere to these requirements to ensure the protection of their users' data.