The new Consent Management Regulation in Germany is set to come into force in April 2025, with a clear objective: significantly reducing and simplifying cookie banners on websites. Many internet users find the sheer number of cookie banners disruptive and ineffective. The German “Einwilligungsverwaltungsverordnung (EinwV)” aims to alleviate this issue. The legal basis for this is provided by § 26 (2) of the Telecommunications-Digital Services Data Protection Act (TDDDG).
Based on this act, PIMS (Personal Information Management Systems) can be developed, including browser plugins for managing cookies or handling traffic and location data. These services are subsequently reviewed and approved by the Federal Data Protection Commissioner.
Practical Feasibility
It raises the question of how practical an alternative consent procedure is. Will these procedures be accepted by users? Who will offer such services? The requirements for these services are high, and it is questionable whether large browser providers are interested in integrating such services.
Another criticism is the limited scope of the consent services. These services only cover consents according to § 25 TDDDG but not consents under the GDPR. This could limit their acceptance and spread.
Website operators are not obligated to switch to these new services. They can continue to use the familiar cookie banners. It remains unclear whether and how alternative consent services will establish themselves in the market. Anyone with a commercial interest in the data or who is associated with it is not permitted to participate.