ePrivacy Directive Compliance in Germany
The ePrivacy Directive governs electronic communications privacy, covering cookies, email marketing, and confidentiality of communications. Its replacement (ePrivacy Regulation) is pending but the Directive remains law.
How does ePrivacy apply in Germany?
ePrivacy applies in Germany under EU law with the same obligations as across the bloc — maximum fine Per member state (GDPR rates of €20M/4% apply where violation also breaches GDPR). The national supervisory authority is the BfDI (Federal Commissioner for Data Protection), which handles enforcement, complaints, and notifications. Deadline: In force — update expected 2025-2026.
- Supervisory authority: BfDI (Federal Commissioner for Data Protection)
- Maximum fine: Per member state (GDPR rates of €20M/4% apply where violation also breaches GDPR)
- Key deadline: In force — update expected 2025-2026
| Supervisory authority | BfDI (Federal Commissioner for Data Protection) |
| Maximum fine | Per member state (GDPR rates of €20M/4% apply where violation also breaches GDPR) |
| Key deadline | In force — update expected 2025-2026 |
| Sectors affected | Telecommunications, Digital Services |
In force — update expected 2025-2026
Per member state (GDPR rates of €20M/4% apply where violation also breaches GDPR)
Telecommunications, Digital Services, E-commerce
What are my ePrivacy obligations in Germany?
- Obtain consent for cookies and tracking
- Honour opt-out for direct marketing
- Protect confidentiality of communications
- Notify breaches to authorities
- Implement privacy by default
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For informational purposes only. This is not legal advice — consult qualified legal counsel.