Cookies, Online Tracking and Direct Marketing
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Cookies, Online Tracking and Direct Marketing Start Comparison
Are there specific requirements for the use of cookies and other online tracking technologies?

Last review date: 17 December 2024

Yes.

Pursuant to Sec. 25(1) of the Telecommunication Digital Services Data Protection Act ("TDDDG") the storage of information in the terminal equipment of the end user or the access to information already stored in the terminal equipment shall only be permissible if the end user has given consent based on clear and comprehensive information. Therefore, the use of e.g. tracking cookies requires the user's consent (consent under the TDDDG has the same requirements as consent under the GDPR).

Are there specific requirements related to the use of personal data for direct marketing activities?

Last review date: 17 December 2024

Yes.

Email marketing

  • prior opt-in consent
  • prior existing business relationship (and subject to other requirements) with opt-out consent

Telephone marketing

  • prior opt-in consent
  • opt-out or implied consent
  • prior existing business relationship (and subject to other requirements) with opt-out consent

SMS/text message marketing

  • prior opt-in consent
  • prior existing business relationship (and subject to other requirements) with opt-out consent

Postal marketing

  • opt-out or implied consent

Online behavioral advertising targeting/social media targeting/ad personalization marketing

  • prior opt-in consent