What is Germany’s TDDDG, and how does it affect cookie consent?

Germany’s TDDDG is the Telecommunications Digital Services Data Protection Act. It includes rules protecting information stored on users’ devices, making it particularly relevant to cookies and similar website technologies.

The legislation previously called TTDSG was renamed TDDDG on 14 May 2024. The renaming did not remove the device-storage requirements in Section 25.

Under Section 25 TDDDG, storing information on a device or accessing stored information generally requires informed consent.

The main exceptions concern operations that are:

• Used solely to transmit a communication over a public telecommunications network.

• Strictly necessary to provide a digital service explicitly requested by the user.

These requirements concern information on the device, whether or not it qualifies as personal data. If personal data is processed, GDPR obligations must also be assessed.

For German cookie consent compliance, classify technologies by what they actually do. An advertising identifier does not become strictly necessary because it supports the website’s revenue.

The same assessment can apply to local storage and cookies, so replacing one storage method with another does not automatically remove the need for consent.