Shortly prior to the direct application of the EU General Data
Protection Regulation (GDPR), the Data Protection Conference (= the
Conference of independent data protection authorities of the
federal government and the German states) issued a surprising
position statement on the applicability of the Telemedia Act as of
May 25, 2018.
According to the opinion of the Data Protection Conference, the
4th chapter of the Telemedia Act will no longer apply under the
GDPR. The provisions in this chapter are largely based on the Data
Protection Directive, which will be repealed by the GDPR. As a
result, data processing can no longer be based on Sections 12, 13,
15 Telemedia Act as of May 25, 2018. Grounds for legality of reach
measurement and the use of tracking tools must therefore be found
directly in the GDPR. This is also the result of the Data
Protection Conference's considerations in the position
statement, which is generally supported.
