BfDI · 4/2021
Both of the TKG and TMG are fundamental for the electronic communication and there are many regulations still written in both laws that are only partially or not valid at all.
Status Not cited by any decision here yet
Case note
Case note by GDPRhub — an account of the decision, not the decision itself. Read the decision
Facts — Both of the TKG and TMG are fundamental for the electronic communication and there are many regulations still written in both laws that are only partially or not valid at all. Regarding cookies the TMG and the Directive on privacy and electronic communications (Directive 2002/58/EC) make different specifications. The legislature aims to pass a new Telecommunications Telemedia Data Protection Act (Telekommunikations-Telemedien-Datenschutzgesetz - TTDSG) with the provisions regarding data protection of the TMG and TKG and plans also an implementation of the Code electronic communication into the national law by passing a Telecommunications Modernization Act (Telekommunikationsmodernisierungsgesetzes - TKModG). Dispute — Holding — The DPA held that urgent clarifications are missing and that as a consequence there is legal uncertainty in practice regarding the consideration of the data protection law. Holding — The DPA held that urgent clarifications are missing and that as a consequence there is legal uncertainty in practice regarding the consideration of the data protection law. Comment — Share your comments here!