German Data Protection Officers have held that Germany has still not implemented the EU Directive 2009/136/EC in relation to cookies. The German Tele Media Act does not, according to the Officers, meet the consent requirement of the cookie directive. However, the Federal Government has disagreed with this assessment and holds that amending the Tele Media Act is not necessary. It therefore remains uncertain as to what type of consent for cookies is required (implicit or express) or whether consent through prior browser settings is sufficient.

Data Protection Authority Press Release