At its 104th conference, the body of independent German federal and state data protection supervisory authorities – the Data Protection Conference (DSK) – published an updated version of the 2021 Telemedia Guidance.
Background:
In December 2021, the Telecommunications Telemedia Data Protection Act (TTDSG) came into force. At the same time, the DSK adopted a first orientation guide Telemedia 2021, which deals with the requirements of the new law as well as the GDPR when operating websites.
It provides website operators and other telemedia providers with assistance for the data protection compliant use of technologies and operation of websites. This includes cookies.
A public consultation procedure was the basis of various adjustments and additions to the original version of the OH Telemedien 2021.
What is new?
Although much of the information from the old guidance has been retained, while there are some changes and additions in the updated guidance.
Thus, in addition to small clarifications and selective additions, the DSK considerably expands the information on the design of consent banners in a new and separate section and comments on the question of providing a “decline” button.
Furthermore, it increases the transparency requirements for banners by declaring art. 7(2) GDPR to be applicable in principle to these banners and it deals with the minimum information which must generally be provided at the first level of a consent banner.
Furthermore, the DSK deals in detail with nudging, which was not discussed in the previous version.
Our experts have worked out the changes chronologically and analysed them for you. We can provide you with a corresponding document with the essential contents on request.