The FDP parliamentary group has tabled an entry to amend the Telemedia Act in response to the ECJ’s cookie ruling:
1. adapt the Telemedia Act in accordance with the judgment of the ECJ and provide that the setting of cookies in principle requires the consent of the users.
2. clarify by rule examples in which cases an exception applies, in particular when a cookie is technically necessary for the provision of an Internet service, which the user expressly wishes to use (e.g. session cookies for the functioning of the an online shop, also distributed through various open windows); Cookies, which are used to create users’ profiles, are not included.
3. for reasons of legal certainty, to define which information the users must at least receive before consent is given (e.g. by the duration of a cookie or to access a cookie by third parties).
4. Section 11 et seq. TMG to comply with the gdpR requirements immediately.
5. to ensure that there is no reduction in the level of protection in the negotiations on the reform of Directive 2002/58/EC in order to continue to ensure the sovereignty of users in communicating and surfing the Internet, but in accordance with the Principles of data protection through technology and data protection-friendly presets (privacy by design and default) – by means of technical specifications to facilitate the exercise of self-determination on the net in everyday life (e.g. by the default settings of Internet browsers, a query of users’ preferences when they are installed or more transparency about the use of data towards users).