New law on data protection: Is your cookie banner illegal?

On January 8, 2025, a special event took place in the district office under the motto "Friday from one makes onno deins". This was a dialogue day in which citizens had the opportunity to discuss their concerns directly with the District Administrator Onno Eckert. Such formats are intended to improve communication between administration and the citizens and strengthen trust in the public sector. The event was well attended and suggested numerous conversations.

The day was organized in an open framework, which enabled both information and discussions on various topics. The focus was on a personal exchange to hear the citizens and to take up their questions and suggestions directly.

new regulations on data protection

In parallel to the event, there were relevant developments in the field of data protection that are important for users of online services. On December 1, 2021, the TDDDG (Telecommunication Digital Date Protection Act) came into force, which complements the GDPR and regulates access to data to end devices. This law prohibits access to data if it is not absolutely necessary or desired by the user, which underlines that the protection of the privacy of users has priority.

The TDDDG unites provisions of the Telemedia Act (TMG) and the Telecommunications Act (TKG) and implements Art. 5 Para. 3 of the Eprivacy Directive, which calls for an opt-in principle for cookies. Before this law, there were ambiguities about the regulations for cookies in Germany, which is why the Bundestag has now created clear guidelines. A cookie banner must be provided when using cookies that require consent, which offers clear information and an opt-in function.

It is also important that violations of the TDDDG can be punished with fines of up to 300,000 euros. The responsibility for the enforcement of the new regulations lies with the data protection supervisory authorities of the federal states, which have already pronounced the first convictions due to illegal cookie banners.

The combination of citizen dialogues, such as that in the district office, with the developments in data protection shows the endeavors of authorities to act more transparently and close to the citizens, while at the same time the rights of users in the digital space are preserved.