Lawyers Dr Hans-Jürgen Ruhl and Patrick Bär comment on §§ 17, 18 of the new TTDSG

The 4th edition of the commentary on the TKG and TTDSG by Säcker/Körber (eds) will be published soon. It includes the current commentary of the TKG, with all amendments made by Directive (EU) 2018/1972 (EECC Directive), considering all current legal, technical and economic developments. It also contains a full commentary on the new TTDSG and also comments on Regulation (EU) 2015/2120. Thus, it comprehensively presents the new legal framework, including all substantive and procedural aspects. The commentary sets requires high standard and an academically independent work by its authors, which is met, as all authors are all experts in the field of telecommunications and data protection law working for authorities, courts, companies and law firms within this field of law. This also applies to the lawyers Dr Hans-Jürgen Ruhl and Patrick Bär from DANCKELMANN UND KERST, who have taken on the new commentary on sections 17, 18 TTDSG.

The purpose of the Telecommunications and Telemedia Data Protection Law (TTDSG) is to consolidate existing provisions relating to data protection in the field of telecommunication. In that regard, the articles commented by lawyers Dr Hans-Jürgen Ruhl and Patrick Bär provide the legal framework for data collection (sec. 17) and data processing (sec. 18) in relation to user data meant for so-called “consumer directories” (e. g. telephone directories, online databases etc.). They replace the previous provisions of sections 45 m, 47 and 104 of the TKG (old version). Section 17 defines the standard rules of for handling user data. It addresses the right of consumers to make dispositions regarding their data and defines obligations for the responsible companies. Section 18 regulates transactions and exchange of data collected pursuant to section 17 between responsible companies and companies wishing to use such data to establish a consumer directory and/or provide other service, e. g. directory enquiries or that of an operator.

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