Unlike in the UK, the implementation of the European Directive 2009/136/EC, also called Cookie-Directive, is not a major point of concern amongst e-commerce businesses in Germany. So far, the Federal government limited the implementation of the directive to amendments of the Telecommunications Act (TKG) that mainly covers the technical process of sending signals and the telecommunications market regulation and sees no need to amend other German legislation due to the directive. In the TKG draft amendment, government stated that individual questions such as the amendment of Art. 5 para 3 of directive 2002/58/EC are still subject to a consultation process on the European level including self regulation solutions by the advertising industry, and that they intend to wait for the results of this consultation process before amending any laws. The Ministry of Economics takes the view that an opt-in solution is already realised by sec. 12 para 1 and 2 … Continue Reading ››