Germany's New Consent Management Regulation: What It Means for Privacy Compliance and Dark Patterns

Germany's Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG), enacted on June 23, 2021, aligned national digital privacy regulations with the broader European GDPR and ePrivacy Directive. This law established clear requirements for obtaining user consent before accessing device information, such as cookies. Recently, an amendment has enhanced these protections by introducing stricter requirements for Consent Management Platforms (CMPs).

The amendment to Paragraph 25(1) of the TDDDG mandates that digital services must obtain explicit and informed consent before storing or accessing information on user devices. Additionally, Section 4 of the regulation outlines that CMPs must operate transparently and ensure consent is obtained without using manipulative design tactics, commonly referred to as "dark patterns." CMPs are also required to provide users with easy access to review and modify their consent settings, ensuring the process is user-friendly and accessible.

This regulation aims to offer a more streamlined, user-centric solution to the overwhelming number of consent banners users face, shifting the responsibility to digital service providers while ensuring compliance with privacy standards.

What the Regulation Entails

Paragraph 25(1) of the TDDDG requires that no information be stored on or accessed from a user’s device without prior informed consent, reflecting the rules outlined in Article 5(3) of the ePrivacy Directive. This means businesses must provide clear, transparent information to users and eliminate manipulative practices when seeking consent.

Section 4 further reinforces these requirements by setting standards for CMPs, ensuring they:

• Offer an easy-to-navigate interface for managing consent.
• Provide accessible options for users to review and modify consent settings.
• Give users a clear overview of stored consent preferences, without using coercive design elements.

The Dark Pattern Crackdown

This regulation comes at a time when dark patterns—user interface designs that trick users into making unintended decisions—are being targeted globally. Privacy regulators across the EU, Canada, and the US (e.g., California) are increasingly scrutinizing websites and apps that use dark patterns to manipulate users into sharing more data than they intend to. The NOYB Consent Report 2024, which reviewed decisions from Data Protection Authorities (DPAs) across the EU, shows that regulators are intensifying enforcement against companies using dark patterns, with penalties for failing to secure genuine, meaningful consent under GDPR.

In Canada, the Privacy Commissioner’s office also recently launched a sweeping investigation into the use of dark patterns, reinforcing a global trend toward greater scrutiny of how businesses obtain consent online. This follows an increase in complaints and concerns over deceptive consent practices.

Germany’s new rules around CMPs make it clear: businesses cannot rely on misleading designs to gain consent. Instead, they must prioritize transparency and user control, offering consent management interfaces that genuinely respect users’ decisions and comply with regulatory expectations.

AesirX’s Role in Enabling Compliance

At AesirX, we offer a unique first-party data model that adheres to the requirements of the TDDDG and the ePrivacy Directive. Unlike many competitors who rely on third-party tracking technologies such as cookies, beacons, and pixels, our approach ensures that data collection happens directly between the user and the service provider, without relying on third-party trackers. This means AesirX offers a cookie-free solution, giving users complete control over how their data is managed and used.

Central to our approach is the Shield of Privacy, a pseudonymization layer that masks user data, such as email addresses, wallet IDs, or social media accounts, ensuring that their personal information remains secure and private. This shield allows users to interact with websites and platforms anonymously, preventing businesses from accessing identifiable personal information while still enabling meaningful engagement.

Our decentralized consent mechanism, supported by the Shield of Privacy, empowers businesses and users alike by providing a secure, transparent process for managing consent. When users opt for decentralized consent, they interact through their wallets, reviewing and signing a wallet-based consent request. However, the process isn’t complete until the business activates the decentralized consent, at which point the consent is recorded on the blockchain, creating an on-chain audit trail.

This audit trail ensures that all consents are immutable and verifiable, providing businesses with legally compliant proof that consent was obtained in accordance with GDPR and the TDDDG. Additionally, businesses gain access to the decentralized subscription model, where they can collect first-party data only from sites where the user has explicitly consented.

With AesirX’s approach, users maintain full control over their data and consents, including the ability to revoke or modify consent at any time. This transparent and user-friendly system ensures compliance while fostering trust between businesses and their users.

Recognition of CMPs and Legal Compliance

Germany’s latest amendment to the TDDDG emphasizes the importance of recognized Consent Management Platforms (CMPs) in managing user consents in a compliant, transparent, and user-friendly manner. CMPs must meet strict technical and organizational requirements, including the ability to store and manage consent securely, provide easy-to-use interfaces, and offer on-chain audit trails for legally verifiable consent.

AesirX stands out as one of the few CMPs that meets these rigorous standards. Our decentralized consent mechanism, combined with the Shield of Privacy, ensures that user consent is collected transparently, stored securely, and can be modified or revoked at any time. This ensures that businesses not only comply with the law but also maintain the trust and confidence of their users.

The Competitive Advantage of Compliance

As more privacy laws target deceptive practices, businesses must shift to first-party, privacy-centric solutions. By aligning with the latest German regulations and the broader EU framework under the ePrivacy Directive, companies can turn compliance into a competitive advantage, building trust with privacy-conscious users. AesirX is proud to lead the way in offering compliant, first-party data solutions that respect user privacy and empower businesses to navigate the digital landscape responsibly.

Are you confident that your current consent practices meet the stringent requirements of GDPR, the ePrivacy Directive and the TDDDG? If not, it might be time to reassess and refine your approach. Start by using tools like the AesirX Privacy Scanner to evaluate your current practices and explore first-party solutions that prioritize compliance and user trust.

Ronni K. Gothard Christiansen // VikingTechGuy 

Creator, AesirX.io

Additional Information on Consent in EU Member States

Several other EU member states have enacted similar national laws that align with the ePrivacy Directive and GDPR regarding consent management and data protection. These laws generally reflect the same principles as Germany’s Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz (TDDDG), requiring explicit, informed consent for data processing and prohibiting the use of cookies or trackers without consent. Here are a few notable examples:

1. France – Loi Informatique et Libertés

France's Data Protection Act, amended to comply with the GDPR, also mirrors the ePrivacy Directive. The Commission Nationale de l'Informatique et des Libertés (CNIL) enforces strict rules on cookie consent, including banning dark patterns and requiring explicit consent for cookies and trackers.

2. Italy – Codice in Materia di Protezione dei Dati Personali

Italy’s Personal Data Protection Code incorporates GDPR requirements, including the rules around cookie consent. The Garante per la Protezione dei Dati Personali (Italian Data Protection Authority) ensures that users are given clear, transparent information and control over their data.

3. Spain – Ley Orgánica de Protección de Datos (LOPD) & Ley de Servicios de la Sociedad de la Información (LSSI)

Spain’s Organic Law on Data Protection works alongside its Information Society Services Law to regulate cookie consent. Websites must obtain clear and explicit user consent before deploying cookies, and the Agencia Española de Protección de Datos (AEPD) actively monitors compliance.

4. Netherlands – Telecommunicatiewet (Telecommunications Act)

The Dutch Telecommunications Act implements the ePrivacy Directive's cookie requirements. The Autoriteit Persoonsgegevens (Dutch Data Protection Authority) ensures that businesses comply with explicit consent regulations for cookies and similar tracking technologies.

5. Belgium – Loi Vie Privée

Belgium’s Privacy Act is aligned with the GDPR and includes specific provisions for cookie consent. The Belgian Data Protection Authority (Gegevensbeschermingsautoriteit) enforces rules around the deployment of cookies and user consent.

6. Austria – Datenschutzgesetz (DSG) & Telekommunikationsgesetz (TKG)

Austria's Data Protection Act and Telecommunications Act both incorporate provisions that require explicit user consent for cookies and other tracking mechanisms. The Datenschutzbehörde (DSB) ensures compliance with these rules.

7. Ireland – Data Protection Act 2018 & ePrivacy Regulations 2011

Ireland’s Data Protection Act, combined with its ePrivacy Regulations, enforces strict cookie consent rules. The Data Protection Commission (DPC) is responsible for ensuring that businesses comply with these laws, particularly regarding the need for clear and informed consent.

8. Denmark – Danish Executive Order on Cookies

The Danish Cookie Order enforces rules similar to the ePrivacy Directive, requiring informed consent before cookies are placed on users' devices. The Danish Data Protection Agency ensures compliance.

9. Sweden – Swedish Electronic Communications Act

Sweden’s Electronic Communications Act implements the ePrivacy Directive’s requirements, ensuring that companies obtain informed consent before using cookies. The Swedish Authority for Privacy Protection (IMY) oversees enforcement.

10. Finland – Information Society Code

Finland’s Information Society Code includes provisions for cookie consent, requiring businesses to obtain explicit consent from users before deploying cookies. The Finnish Data Protection Ombudsman enforces these regulations.

These countries have local laws and regulations that closely follow the principles of the GDPR and the ePrivacy Directive, similar to Germany's TDDDG, ensuring robust data protection and transparency in cookie consent management across the EU.