Germany: Federal Government submitted Ordinance to establish recognised consent management services under Telecommunications-Digital Services-Data Protection Act

On 4 September 2024, the Federal Government submitted a draft Ordinance pursuant to Section 26(2) of the Telecommunications-Digital Services-Data Protection Act (TDDDG). The Ordinance aims to provide internet users with a more user-friendly alternative to the widespread use of cookie consent banners by establishing a legal framework for recognised services for consent management. These services would empower end-users to manage, transmit, and revoke consent decisions with digital service providers in a centralised and transparent manner. The Ordinance stipulates the criteria for the recognition of such services, including requirements for user-friendliness, technical interoperability, and legal and economic independence from entities with a vested interest in the outcome of consent decisions. The recognition of consent management services would be conducted by the Federal Commissioner for Data Protection and Freedom of Information (BfDI). While the utilisation of such services by digital providers would remain voluntary, the objective is to promote their adoption by offering a legally secure alternative to individual consent requests. The draft also includes amendments to the Special Telecommunications Fee Ordinance to establish the legal basis for charging fees for recognition procedures and potential revocations.