24.08.2020

Draft bill to amend German TMG and TKG - Impact on EU Data protection regulation

 

The current coexistence of different laws (GDPR, TMG and TKG) leads to legal uncertainties. A new law should therefore ensure legal certainty in the area of telemedia and telecommunications.

In detail it says here: "The data protection provisions of the TMG and the TKG, including the provisions on the protection of telecommunications secrecy, are to be repealed and merged in a new law. At the same time, the necessary adjustments to the GDPR are to be made.”

This concerns, inter alia, consumers using telemedia and electronic communications services, the providers of these services and the regulatory authorities responsible for ensuring legal compliance.

Among other things, the speaker's draft announces the deletion of § 15 Telemediengesetz, for whose interpretation in paragraph 3 the Federal Court of Justice (BGH) had passed the so-called "Planet 49" judgement on May 28th on the consent to the storage of cookies. We had already reported on this in the June issue of our ePrivacy Newsletter.

A link to the speaker's draft can be found here:

https://mcusercontent.com/9fef4c9644bf7b845f2f920a7/files/2c44cdf0-a152-4709-9493-e1fea2b435e4/20200731_RefE_TTDSG.pdf

Our data protection experts at ePrivacy are always available to answer any questions you may have on this topic.

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