Germany legal change (5/2024) not reflected in Complianz plug-in

  • Ember

    (@reliantember)


    4 months, 3 weeks ago

    I sent a support request a few days ago, but I received no email acknowledgement that a support request was made, so I’m pasting this here.

    My German husband sent me the following article. The changes described don’t seem to be implemented by Complianz, but Germany has required these changes since mid-May, 2024. (I include a translation of the article below.) Do these changes apply to my web site (), and, if so, when will Complianz be updating its plug-in accordingly?

    https://www.vgsd.de/gefahr-von-abmahnungen-das-solltest-du-jetzt-in-deinem-impressum-aendern/

    Translation follows.

    —–

    Since mid-May, the Telemedia Act (TMG) has been called the Digital Services Act (DDG). The Telecommunications Telemedia Data Protection Act (TTDSG) is now called the Telecommunications Digital Services Data Protection Act (TDDDG). Actually only editorial changes, but:

    The changes affect the legal notice obligation. The laws must be correctly named in the legal notice, cookie banners and data protection information. This can be done quickly and can save a lot of trouble, because: Invalid legal bases could be used as grounds for warning letters. This could be a genuine competitor who sees an infringement of competition law in an incorrect legal notice. Unfortunately, there is also repeated abuse of warning letters. And even if this has now been curbed by law, a change such as this is a real treat for regular warning letters.

    Legal basis does not have to be stated

    If you have not already done so, you should make the following changes: Wherever you refer to the previous Telemedia Act, you must replace “TMG” with “DDG”. Wherever you refer to the previous TTDSG, you must replace these letters with “TDDDG”. The content of the paragraphs remains the same.

    A typical example is the reference to Section 5 TMG in the legal notice. At this point, it must now read DDG instead of TMG. However, there is an even more convenient option: omit the name of the law completely. There is no obligation to mention Section 5 DDG in the legal notice. The information required under Section 5 DDG must be provided, but the law does not have to be explicitly stated. You can therefore dispense with mentioning this legal basis altogether, in which case the regulation will not cause you any trouble in future editorial adaptations.
    If you haven’t already done so, act quickly!

    In the data protection information, websites refer to the TTDSG and, as a rule, in particular to Section 25 TTDSG, as this concerns the processing of cookies. Website operators must now refer to the TDDDG and Section 25 TDDDG. The important thing is: don’t let any more time pass if you haven’t made the changes yet!

    —–

    Thanks for your time and attention,
    Marlene

    The page I need help with: [log in to see the link]

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  • Thread Starter Ember

    (@reliantember)

    It has been almost two months since I inquired about this issue with Complianz, and three months since the regulations changed in Germany. Complianz has twice promised an answer, yet none has arrived, and this issue is still outstanding. Is Complianz actually on top of regulation changes in the countries it claims to cover? It’s starting to look like they aren’t. If I don’t hear back from my latest email in three days, I will be canceling and requesting a full refund.

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