Consent Management Ordinance – What It Means For Cookie Banners

The Consent Management Ordinance pursuant to Section 26(2) of the Telecommunications Digital Services Data Protection Act (TDDDG)¹ (the Ordinance) was adopted by the Federal Government on September 4, 2024. The Ordinance aims to provide an alternative for cookie banners and management of consent. OneTrust DataGuidance Research provides an overview of the Ordinance with expert insights by Dr. Christian Rabe, Senior Associate at Luther Rechtsanwaltsgesellschaft mbH, and Dr. Christoph Werkmeister, Partner at Freshfields Bruckhaus Deringer LLP.

Background to the Ordinance

Section 25 of the TDDDG requires organizations to obtain prior consent for storing information in the end user's terminal equipment or for accessing such information already stored in accordance with the General Data Protection Regulation (GDPR). The storage and/or access of such information is often done using cookies or similar technologies and consent is generally obtained via cookie banners.