European Eprivacy Ordinance: Return shocked data protection experts!

European Eprivacy Ordinance: Return shocked data protection experts!

The current legal situation on cookies and data protection on the Internet continues to ensure uncertainty among users and operators of websites. As wnoz.de are now a cookie banner that should offer users clear option for consent or rejection of the data storage spread. These banners are not only a legal must, but also a means of ensuring data security and legal clarity on the Internet.

It is not unusual that website operators are confronted with warnings due to insufficient consent or incorrect cookie banners. The main types of cookies used on websites are necessary cookies-for example for shopping cart functions and login status-as well as analysis and marketing cookies that are used for behavioral analysis and personalized advertising.

Current legal situation and the importance of the TTDSG

The legal framework for cookies and their use were long unclear in Germany. Many operators used simple "OK" buttons that did not give users a real choice. The telecommunications telemedia data protection law (TTDSG), which came into force on December 1, 2021, has introduced important regulations here. According to § 25 TTDSG, the setting of cookies is only permitted with a clear and comprehensive consent of the user, unless it is "absolutely necessary" cookies.

However, the legal requirements are complex and are constantly being re -evaluated. For example, there has been no binding catalog for necessary cookies, which leads to different views among the experts. In addition, consent is always required for tracking for marketing purposes, which increases the challenges for website operators.

The challenge of the Eprivacy Ordinance

Another important aspect is the Eprivacy Ordinance, which the EU Commission originally presented as a modern regulation to strengthen privacy in electronic communication. This should originally come into force in parallel with the General Data Protection Regulation (GDPR). Recently, however, the EU Commission decided to withdraw the project in the work program for 2025, which raises questions about the manifold and effectiveness of the current data protection regulations.

The Eprivacy Ordinance would have provided important innovations, such as the inclusion of over-the-top (Ott) communication services such as WhatsApp and Skype. Although the first draft was already presented in 2017, the negotiations between the institutions remained very lengthy. The most recent decision could delay the efforts of a uniform legal framework for digital services and the protection of privacy.

The Federal Commissioner for Data Protection and Freedom of Information (BFDI) urges the regulations of the Eprivacy Ordinance to be implemented elsewhere. A clear and coherent legal framework is particularly essential for companies and administrations regarding data transfer. The planned "Digital Package" of the EU Commission, which should issue or change a large number of legal provisions at the end of 2025, could play a role here.

The legal framework therefore remain a dynamic field in which both users and website operators are required to keep up to date. The uncertainties with regard to cookie banners and the consent to the use of personal data are increasingly influencing digital marketing and user-friendliness on the Internet.