TDDDG

Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (Telecommunications Digital Services Data Protection Act), Section 25

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ePrivacy Directive
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Key Facts

Effective Date
December 1, 2021
Enacted
December 1, 2021
Enforcing Authority
BfDI (Federal Commissioner for Data Protection); BNetzA (Federal Network Agency); 16 State DPAs coordinated through DSK
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Germany

Overview

Germany implements the ePrivacy Directive through Section 25 of TDDDG (formerly TTDSG, renamed May 2024). Germany's cookie compliance landscape is uniquely complex, with three tiers of enforcement authorities and a new Consent Management Ordinance (EinwV) effective April 2025.

What This Means for Your Website

  • Prior consent is required before storing or accessing non-essential cookies on German visitors' devices
  • Consent must meet full GDPR standards: freely given, specific, informed, unambiguous, and revocable
  • Cookie banners must not obscure website content — a requirement specific to German law
  • Browser settings alone are not valid consent
  • The EinwV establishes a voluntary framework for recognized consent management services to help address cookie consent fatigue

Key Requirements

Germany has a multi-layered enforcement structure: the BfDI (Federal Commissioner) handles federal data protection, the BNetzA (Federal Network Agency) covers telecom aspects, and 16 state DPAs coordinate through the DSK conference. Cookie-specific fines under TDDDG are capped at EUR 300,000 per violation, with GDPR fines also applicable. The law was renamed from TTDSG to TDDDG in May 2024 to align with the EU Digital Services Act.

How ConsentStack Handles This

ConsentStack presents German visitors with a non-obscuring consent banner that meets TDDDG Section 25 and GDPR requirements. All non-essential cookies are blocked until explicit consent is given through clear, unambiguous affirmative action.

Penalties

Up to EUR 300,000 under TDDDG Section 25. GDPR penalties also apply (up to EUR 20 million / 4% global turnover).

Maximum Fine
€300,000 per violation

Key Requirements

  • Prior consent before storing or accessing non-essential cookies
  • Consent must meet GDPR standards (freely given, specific, informed, unambiguous)
  • Cookie banners must not obscure website content
  • Consent management services may be adopted under EinwV
  • Browser settings alone are not valid consent

Notable Provisions

  • Consent Management Ordinance (EinwV) effective April 1, 2025
  • Renamed from TTDSG to TDDDG on May 13, 2024
  • Complex multi-authority enforcement (BfDI + BNetzA + 16 state DPAs)

Other ePrivacy Directive Related Regulations

FDPAFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.
SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.
Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.
LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.
Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.
Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.
LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.
Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.
Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.
Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.
Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.
Czech ECACzech Republic
The Czech Republic shifted from implied consent via browser settings to full opt-in consent on January 1, 2022. Section 89(3) now requires GDPR-compliant prior consent before storing cookies. The UOOU began imposing fines on non-compliant websites in 2023.

Other Europe Regulations

GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.
PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.
ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.
FDPAFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.
UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.
SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.

Frequently Asked Questions

What is TDDDG and how does it relate to TTDSG?

TDDDG (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz) is Germany's cookie consent law, renamed from TTDSG in May 2024. Section 25 governs cookie consent requirements.

What are the cookie penalties in Germany?

Cookie-specific fines under TDDDG can reach EUR 300,000 per violation. GDPR penalties of up to EUR 20 million or 4% of global turnover also apply.

What is the German Consent Management Ordinance?

The EinwV (Einwilligungsverwaltungsverordnung), effective April 2025, establishes a voluntary framework for recognized consent management services to address cookie consent fatigue.

Who enforces cookie laws in Germany?

Germany has three tiers of enforcement: BfDI (federal), BNetzA (telecom), and 16 state DPAs coordinated through DSK. ConsentStack ensures compliance across all jurisdictions.

Stay compliant with TDDDG

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