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GDPR & ePrivacy
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Between guidelines, regulations, and laws

Right to protection of personal data

The German Telemedia Act (TMG) previously outlined data protection regulations for online services in Section 4. While the TMG remains in effect, Section 4 was completely replaced by the GDPR on May 25, 2018. The GDPR includes regulations issued by the European legislator concerning the processing of personal data of natural persons, aiming to protect individuals from infringements and legal violations.

Protection of the confidentiality of communications

The ePrivacy Directive, also known as the Cookie Directive, governs the confidentiality of electronic communications (telecommunications secrecy) and primarily affects service providers offering email, telephony, SMS/communication apps (messengers), etc. Its legal basis is found in the Telecommunications Act (TKG).

In the near future, it is expected to be replaced by the ePrivacy Regulation, which as an EU framework will primarily address internet communications (tracking & consent), thereby complementing the GDPR.

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