§ 26 TDDDG
Recognised Consent Management Services, End-User Settings
(1)Services for the management of consent given under Section 25(1) that may be recognised by an independent body in accordance with the ordinance under paragraph 2 where they 1 have user-friendly and competition-compliant procedures and technical applications for obtaining and managing consent,; 2 have no economic self-interest in the granting of consent or in the managed data and are independent of undertakings that may have such an interest,; 3 do not process personal data and information on consent decisions for purposes other than consent management, and; 4 submit a security concept that enables an assessment of the quality and reliability of the service and the technical applications and from which it is apparent that the service fulfils the legal requirements for data protection and data security, arising in particular from Regulation (EU) 2016/679, both technically and organisationally.
(2)The Federal Government shall determine by ordinance with the consent of the Bundestag and the Bundesrat the requirements for 1 the user-friendly and competition-compliant procedure and technical applications under paragraph 1 No. 1, and; 2 the recognition procedure, in particular
a)the required content of the application for recognition,;
b)the content of the security concept under paragraph 1 No. 4, and;
c)the independent body competent for recognition, and; 3 the technical and organisational measures to ensure that
a)software for retrieving and displaying information from the internet aa) complies with end-user settings regarding consent under Section 25(1), and; bb) takes into account the integration of recognised consent management services, and;
b)providers of digital services, in managing consent given by end users, take into account the integration of recognised consent management services and settings by end users.
(3)The Federal Government shall, within two years after the entry into force of an ordinance under paragraph 1, evaluate the effectiveness of the measures taken with regard to the establishment of user-friendly and competition-compliant consent procedures and shall submit a report thereon to the Bundestag and the Bundesrat.