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Comment by number6 | Hacker News Reader

Art 25 TTDSG

"The storage of information in the end-user's terminal equipment or the access to information already stored in the terminal equipment shall only be allowed if the end-user has consented on the basis of clear and comprehensive information. The information to the end-user and the consent shall be provided in accordance with Regulation (EU) 2016/679."

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There is a second paragraph to this article that contains exceptions to this.

If it is absolutely necessary for the requested functionality then it is allowed. Therefore it doesn't really change anything.

I bet this will be settled in court

There is like 15 years of official guidance and case law on ePrivacy, with relevant guidance from the Art 29 Working Party (precursor to the current EDPB) published around 2014. But I don't think regulators are in a hurry to get into arguments about the finer points when the ePrivacy Regulation could be passed any year now, which would allow a more nuanced approach to cookies (e.g. allowing legitimate interest instead of consent).

Any year now for the last 4 years. I don't think the regulators want to got to court over this but noyb will

https://noyb.eu/en/noyb-files-422-formal-gdpr-complaints-ner...

Why do you think this would result in a different outcome in Germany?

The language of the new law in Germany is virtually identical to the language of the EU directive. So why would it be different in Germany versus other countries in the EU that also have to implement the directive?

Following the German debate the courts and watchdogs interpretation of the law is that strictly necessary means that the functionality is not possible without cookies or other technology and the consent has to be of the same quality as per GDPR.

Privacy law in Germany is usually stricter than in other EU country's even if the text is identical.

Which is exactly what the EU directive intends. You are literally just stating the acceptable exceptions from the EU directive.

And the main argument of this thread initially was that you don't need to ask if you are only using cookies for such use cases.

I assume from your handle that you understand German (?):

This Podcast explains the topic much better than I could:

Rechtsbelehrung - Recht, Technik & Gesellschaft: TTDSG – Cookies unter Aufsicht – Rechtsbelehrung 102 https://rechtsbelehrung.com/102-ttdsg-cookies/

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