German Telecommunications and Telemedia Data Protection Act (TTDSG) Compliance
Please note that the information provided below is not intended as legal advice and we cannot be held legally responsible for it. We have sought legal counsel and the content on this page reflects our interpretation of the law. If you have any concerns about compliance with TTDSG, we recommend sharing this page with your legal team.
The German Telecommunications and Telemedia Data Protection Act (TTDSG) is a federal law in Germany that regulates the collection, use, and processing of personal data in the telecommunications and media sectors. The law applies to companies that offer telecommunications and media services, such as internet service providers, mobile phone operators, and online media platforms. It sets out rules for the protection of personal data and the privacy of individuals, including the rights of individuals to access and control their personal data.
The TTDSG also specifies the responsibilities of companies to protect personal data, including the requirement to implement technical and organisational measures to ensure the security of personal data. The TTDSG applies to the processing of personal data in the context of telecommunications and media services, including the collection and use of personal data for the purpose of providing these services, as well as for marketing and advertising purposes.
The German Data Protection Conference (DSK) released guidance on the German Telecommunications and Telemedia Data Protection Act (TTDSG) on December 22, 2021, providing clarification on certain aspects of its implementation.
How TTDSG Affects Web Analytics?
TTDSG is related to the General Data Protection Regulation (GDPR) and the ePrivacy Directive in that it is a national implementation of these laws in Germany. It applies to the collection, processing, and use of personal data in the context of telecommunications and telemedia services. This includes the use of cookies for web analytics purposes.
According to the DSK guidance, the use of cookies for web analytics purposes is considered a processing of personal data, and therefore requires compliance with TTDSG. This means that website owners must obtain the consent of users before setting cookies on their devices, unless the cookies are strictly necessary for the functioning of the website or the service being provided.
In addition to TTDSG, the DSK guidance also notes that the use of cookies for web analytics purposes may be subject to the requirements of the German Telemedia Act (TMG) and the German Act on the Protection of Telemedia Services (TMG-DPA). These laws provide additional protections for the privacy of users in the context of telemedia services, and may require the use of certain technical measures to ensure compliance. For example, the TMG-DPA requires website owners to provide users with clear and comprehensive information about the use of cookies on their website, as well as the option to opt-out of such use. Overall, it is important for website owners to carefully consider the various legal requirements related to the use of cookies for web analytics purposes in Germany, in order to ensure compliance with TTDSG and other relevant laws.
Does Proxima Comply with TTDSG?
To comply with TTDSG, Proxima Analytics takes a number of steps to ensure that the data we collect is treated with the utmost respect and care. Firstly, we host our services with Hetzner, a German hosting provider, which means that all of our data is stored within the EU and is subject to the same high standards of data protection.
Additionally, we do not store any additional user identifiers or personal data, and we anonymise all data that we collect using hashing techniques. This ensures that our data cannot be linked back to individual users and protects their privacy.
Finally, we are also committed to being transparent about our data collection practices and providing our users with the ability to control their data. We provide detailed information about our data collection processes on our data processing aggrement, and we allow our users to turn off location, device, and operating system detection if they so choose. By taking these steps, we ensure that we are compliant with TTDSG and that we are protecting the privacy of our users.