Telecommunications Telemedia Data Protection Act (TTDSG)

Introduction

The Telecommunications Telemedia Data Protection Act (TTDSG) is a German law that regulates data protection in the area of telecommunications and telemedia. It came into force on December 1, 2021 and replaces the previous Telemedia Act (TMG) and the Telecommunications Act (TKG) with regard to data protection regulations. The TTDSG serves to implement the European data protection requirements in the area of electronic communications.

Main objectives of the TTDSG

1. protection of personal data

The TTDSG aims to ensure citizens’ right to protection of their personal data in the area of telecommunications and telemedia.

2. legal certainty for providers

The Act creates legal certainty for providers of telecommunications and telemedia services by laying down clear rules on the handling of personal data.

3. adaptation to European requirements

The TTDSG serves to implement the European data protection requirements, in particular the General Data Protection Regulation (GDPR) and the ePrivacy Directive, in national law.

Important provisions of the TTDSG

1. scope

The TTDSG applies to providers of telecommunications and telemedia services that process personal data.

2. consent of the users

The processing of personal data is generally only permitted with the consent of the data subject. The TTDSG contains regulations on obtaining effective consent.

3. cookies and tracking technologies

The TTDSG regulates the use of cookies and other tracking technologies. A distinction is made here between necessary cookies and those that require consent.

4. data protection officer

Providers are obliged to appoint a data protection officer under certain conditions.

5. fines

Serious fines may be imposed for violations of the TTDSG.

Conclusion

The Telecommunications Telemedia Data Protection Act is an important set of rules for data protection in the field of electronic communications in Germany. Providers of telecommunications and telemedia services should familiarize themselves with the requirements of the TTDSG in order to avoid legal violations and liability risks.