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TTDSG, DSGVO and the online shops

The Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (TTDSG) has now been in force for a few days, or more precisely since 1.12.2021. This prompted us to take a look at how far companies have adapted to the new, more precise legal situation.
The obligations are not entirely new; after all, there is well-established case law on the issues addressed by the TTDSG. It should therefore be assumed that most companies will not have too much need to adapt.

§ 25 TTDSG

(1) The storage of information in the end user’s terminal equipment or access to information already stored in the terminal equipment shall only be permitted if the end user has consented on the basis of clear and comprehensive information. The information to the end user and the consent shall be provided in accordance with Regulation (EU) 2016/679.

(2) Consent pursuant to paragraph 1 shall not be required,
1 if the sole purpose of storing information in the end user’s terminal equipment or the sole purpose of accessing information already stored in the end user’s terminal equipment is to carry out the transmission of a communication over a public telecommunications network; or
2 if the storage of information in the end user’s terminal equipment or the access to information already stored in the end user’s terminal equipment is strictly necessary for the provider of a telemedia service to provide a telemedia service expressly requested by the user.

… and the reality

surprised us after all. In the period from December 14 to 17, we examined 20 online stores of market leaders and large companies from the following sectors

All 20 stores used a consent tool and conveyed to the uninitiated user that no data processing would take place that required his consent without his active consent. So all’s well?
Survey results

We were surprised by the results. With few exceptions, all online stores violated applicable law. The question arises as to the reasons. Those responsible should not be completely unaware of the legal situation.

You don’t know whether your store or website complies with the TTDSG?
You are welcome to contact us at
info@prisecon.de
or by phone at
+49-7221-3577374
contact us. A short analysis is cheaper than you might think.


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