{"id":13374,"date":"2021-12-06T15:47:47","date_gmt":"2021-12-06T15:47:47","guid":{"rendered":"https:\/\/www.webgains.com\/public\/?p=13374"},"modified":"2021-12-06T15:47:47","modified_gmt":"2021-12-06T15:47:47","slug":"the-ttdsg-act-in-germany-what-it-means-for-webgains-and-affiliate-marketing","status":"publish","type":"post","link":"https:\/\/www.webgains.com\/public\/en\/the-ttdsg-act-in-germany-what-it-means-for-webgains-and-affiliate-marketing\/","title":{"rendered":"The TTDSG Act in Germany: What it means for you, Webgains and the affiliate marketing industry"},"content":{"rendered":"\n

Online privacy and data protection have been hot topics as of late. Anyone working in online marketing will undoubtedly be aware of the latest GDPR regulations, ITP updates and the crumbling of third-party cookies via Google. With this change afoot, the German Bundestag has passed the Telecommunications and Telemedia Data Protection Act <\/a>(also known as the TTDSG), which became fully effective into German law on 1st<\/sup> December 2021.<\/p>\n\n\n\n

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Here at Webgains, we pride ourselves on ensuring that our data is compliant and up to date with ever-changing laws and regulations. We have always believed in creating a strong foundation from within the business to mitigate external shifts in technology and regulation, thereby minimising the impact on our partners. This is what separates us from other affiliate networks. This is what gives us the edge.<\/p>\n\n\n\n

Within this article we will provide a brief overview of the TTDSG regulation; what it is, what are the consent conditions and rules and to explain how Webgains are compliant. Read on to keep up with the latest on TTDSG.<\/p>\n\n\n\n

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The most important thing to start with\u2026<\/h2>\n\n\n\n

What will change for publishers and advertisers who are part of our network?  <\/p>\n\n\n\n

The answer is simple – nothing. This is because cookies have always been set exclusively by the advertiser to trigger tracking after the site has obtained consent from the user. In contrast to other networks where, for example, cookies are already set by publishers, here at Webgains the responsibility of consent management lies on the part of the advertiser. Webgains is the data processor not the data controller. This means that the requirements for the storage of cookies by advertisers have already been implemented. All publishers and advertisers can work with us as usual without making any changes.<\/p>\n\n\n\n

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What is TTDSG? <\/p>\n\n\n\n

In short, TTDSG regulates privacy and data protection in Germany and makes adjustments with regard to the current cookie consent requirement. The TTDSG summarises the existing regulations on data protection from the Telemedia Act (TMG) and the Telecommunications Act.<\/p>\n\n\n\n

The TTDSG comes into force because the EU Cookie Directive (“ePrivacy Directive”), as amended by the European Commission in 2009, has not been fully implemented in Germany. In Germany, there were different interpretations as to how the consent requirement for cookies was implemented by the previous regulations in the TMG. Following rulings by the ECJ and the German Federal Court of Justice (BGH) in the “Planet49<\/a>” case, the legislator felt compelled to clarify the cookie opt-in, now made in the TTDSG. As a requirement by the ePrivacy Directive since 2009, service providers in Germany must now also obtain consent for the storage and reading of data from the end device. An exception exists for those cases in which this is absolutely necessary for the provision of the requested service offer. However, it is irrelevant whether it is personal data or anonymous data.<\/p>\n\n\n\n

This also means that if any customers of merchant advertisers, or browsers of affiliate publishers websites pass through Germany then this new law fully applies.<\/p>\n\n\n\n

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How is Webgains TTDSG cookie compliant?<\/p>\n\n\n\n

In 2017, before the GDPR was immediately applicable, Webgains made the decision to completely restructure the way personal data is collected and processed on behalf of the network of advertisers and publishers. More information about these decisions and measures can be found here<\/a>. If advertisers or affiliate publishers were unable to adapt to these new, fully compliant circumstances, they were asked to leave our affiliate network.<\/p>\n\n\n\n

Any advertiser or publisher who carries out affiliate campaigns with Webgains and adheres to the specifications of Webgains for the design of the data processing processes, is compliant with the TTDSG and the GDPR with regard to Webgains cookie tracking.<\/h3>\n\n\n\n
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Andreas Sasnovskis, Joint Managing Director of Webgains Germany, sees the entry into force of the TTDSG as confirmation of the already long-standing development to first party cookie tracking:<\/p>\n\n\n\n

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“At Webgains, nothing will change for everyone involved in working with us. Already with the introduction of the GDPR in May 2018, Webgains switched to first party cookie tracking, which in retrospect turned out to be the right decision. Obtaining consent is the responsibility of advertisers, who, as so-called controllers, have and retain sovereignty over user data with regard to tracking \u2013 this is the decisive advantage for our customers. And for all our publishers, the TTDSG contains no changes. You are not responsible for obtaining consent, which is a material benefit to collaboration between publishers and Webgains.<\/em>“\u00a0<\/em><\/div><\/div>
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Andreas\u00a0Sasnovskis <\/span>Managing Director\u00a0Webgains\u00a0GmbH<\/span><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n\n\n\n
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Richard Oberhofer, Joint Managing Director of Webgains Germany, further comments:<\/p>\n\n\n\n

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“Webgains’ deliberate step towards 1st party cookie tracking may have seemed stringent some three years ago but has turned out to be ground-breaking and a point of difference between Webgains and other tracking solutions. As a result of Webgains’ pioneering spirit, all advertisers and agencies on our affiliate network continue to maintain data sovereignty and exclude other dependencies and risks.”\u00a0<\/em><\/div><\/div>
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Richard Oberhofer <\/span>Managing Director\u00a0Webgains\u00a0GmbH<\/em><\/span><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n\n\n\n

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Richard Dennys, Webgains’ Chief Executive Officer commented on the act:<\/p>\n\n\n\n

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“For many years, we have placed data protection at the heart of our entire operation. During this time, Webgains has rebuilt a significant part of our business rules and processes to ensure a clean compliant environment for our entire network. We welcome the TTDSG, in particular with regard to the confirmation that legitimate interest cannot be the main basis for the processing of customer data instead of consent.”<\/em><\/div><\/div>
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Richard Dennys <\/span>CEO Webgains<\/span><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n\n\n\n

Despite the fact that nothing is changing for advertisers and publishers on the Webgains network, we understand how important it is that everyone has a full understanding of the TTDSG Regulation, its terms and regulations of consent and how advertisers and publishers can remain TTDSG compliant. Please continue to read our overview below. <\/p>\n\n\n\n

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What are the TTDSG Cookie Consent & Rules?<\/p>\n\n\n\n

The new law requires websites in Germany to adapt to European cookie rules and obtain consent to cookies and other tracking technologies that store information or use data from users’ devices.

TDSG applies to organisations that operate in Germany or have a branch office. In addition, these requirements must also be observed if services or goods are offered in Germany, i.e. for all websites aimed at German users. These websites must obtain cookie consent, unless they do not use cookies or cookies strictly necessary only for the provision of the service requested by the user. For all other cookies, there must be a transparent consent actively given by the user<\/p>\n\n\n\n

Dr. Stefan Drewes, Webgains’ Lawyer for Data Protection and Data Protection Officer, on the new changes:<\/p>\n\n\n\n

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“This change sets binding rules for companies in Germany and thus initially creates legal certainty, even if details surrounding the management of consents for access to end devices are still unclear. Companies should have implemented these requirements long ago. A review makes sense, as violations of the TTDSG are likely to be warned by consumer centres and other data protection organisations. Past experience shows this.”<\/em><\/div><\/div>
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Dr. Stefan Drewes<\/span>Lawyer for Data Protection and Data Protection Officer Webgains<\/span><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\n\n\n\n

In summary, there are only two clear categories under TTDSG: <\/p>\n\n\n\n