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Stiemerling, O., S. Weiß & C. WendehorstResearch opinion on consent management according to section 26 TTDSG – Study on behalf of the German Federal Ministry for Economic Affairs and Energy

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Authors:
Oliver Stiemerling, Steffen Weiß & Christiane Wendehorst

Release date:
2021

Publication:
Study p-os376/21

The central topic of this study is possible specifications for technical and organizational measures to implement the consent management provided for in the Telecommunications Telemedia Data Protection Act (TTDSG). The aim of the TTDSG is user-friendly and competition-compliant consent management by recognized services that can be followed or taken into account by browsers ('software for displaying and retrieving information from the Internet') and websites. The current practice of consent banners poses significant challenges to providers and users alike. It follows from the need of telemedia providers to obtain effective consent in a legally secure manner against the background of the requirements of the GDPR and the implementation of the E-Privacy Directive (E-Privacy-RL), but is generally perceived as highly unsatisfactory.

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