Database

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GERMANY

Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2020, entry into force in November 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Interstate Treaty on Broadcasting and Telemedia (Medienstaatsvertrag (MStV))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Germany, the EU Directive was transposed into domestic law through the Interstate Treaty on Broadcasting and Telemedia. According to Art. 77 of the Treaty, to represent the diversity in the German-speaking and European regions and to promote European film and television productions, providers of television-like telemedia (VOD) must ensure that the proportion of European works in their catalogues is at least 30%.
Coverage On-demand audiovisual service

GERMANY

Since December 2020

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
Act on the Federal Office for Information Security (BSI Act – BSIG) (Gesetz über das Bundesamt für Sicherheit in der Informationstechnik (BSI-Gesetz - BSIG))
§9b of the Act on the Federal Office for Information Security requires that critical components register with the Federal Ministry of the Interior before their first use. The use of these components can be prohibited on three grounds: if the producer is controlled by a third state government, its military or other public authorities, directly or indirectly; if the producer has previously been involved in activities with negative consequences on the public safety or order of the Federal Republic of Germany, other member states of the EU, the European Economic Area or the North Atlantic Treaty; or if the use of the critical component is in contradiction with the security interests of the Federal Republic of Germany, the EU or the North Atlantic Treaty.
Coverage Critical infrastructure, including telecommunications

GERMANY

Since July 2000
Since February 2007

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Telemedia Act (Telemediengesetz)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Under §7-10 of the Telemedia Act, there are liability exemptions for intermediaries in cases where these have not actively triggered a transmission, chosen its recipient, where they have no knowledge of illegal content or activities or where they immediately remove related content. This broadens the scope of Art. 14 of the EU E-Commerce Directive, which only refers to "knowledge".
Coverage Electronic information and communication services

GERMANY

Since June 2016
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Law Transposing Directive (EU) 2016/943 on the Protection of Trade Secrets Against Their Unlawful Acquisition, Use, and Disclosure (Gesetz zur Umsetzung der Richtlinie (EU) 2016/943 zum Schutz von Geschäftsgeheimnissen vor rechtswidrigem Erwerb sowie rechtswidriger Nutzung und Offenlegung)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Germany transposed the Directive in 2018, as well as with the Law transposing Directive (EU) 2016/943 on the protection of trade secrets against their unlawful acquisition, use and disclosure.
Coverage Horizontal

GERMANY

Since November 2018
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Resolution BK1-17/001 (Beschluss BK1 - 17/001)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and practised both in the mobile and fixed sectors. To bolster mobile coverage and stimulate infrastructure sharing for MFCN, the Federal Network Agency imposed a specific obligation as part of the frequency award decision BK1-17/001. Upon request by other nationwide assignment holders, assignment holders must, in compliance with telecommunications and antitrust law, engage in negotiations on the shared use of existing nationwide networks (roaming) and about infrastructure sharing. The negotiations should be non-discriminatory. Infrastructure sharing is practised in Germany in the fixed sector and in the mobile sector.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

GERMANY

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the German State holds over a 30% stake in Deutsche Telekom AG. This stake includes 13.8% owned by the Federal Republic and 16.6% by KfW Bankengruppe, a state-owned investment and development bank. Deutsche Telekom AG, based in Germany, is one of the largest telecommunications providers in Europe, operating in over 50 countries worldwide.
Coverage Telecommunications sector

GERMANY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Germany does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation applies to SMP operators in some wholesale markets (e.g. IP bitstream + fibre LLU).
Coverage Telecommunications sector

GERMANY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

GERMANY

Since July 2024
Since November 2019
Since April 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Social Security Code V (Sozialgesetzbuch (SGB) Fünftes Buch (V))

Social Security Code X (Zehntes Buch Sozialgesetzbuch (SGB X))

Digital Health Applications Ordinance - DiGAV (Digitale Gesundheitsanwendungen-Verordnung - DiGAV)
Section 393 of the German Social Security Code V establishes a requirement for local processing of social and health data via cloud computing services. It stipulates that such processing may only occur within Germany, within a member state of the European Union, or in a third country deemed adequate under Art. 45 of the General Data Protection Regulation (GDPR) or equivalent provisions, provided that the data-processing entity maintains an establishment in Germany. Section 80 of the Social Security Code X and Section 4.3 of the Digital Health Applications Ordinance impose similar geographical restriction on the processing of social data and data related to digital health applications.
Coverage Health sector

GERMANY

Since October 2002, last amended in December 2022

Pillar Cross-border data policies  |  Indicator Local storage requirement
The Fiscal Code of Germany (Abgabenordnung)
Pursuant to Section 146 of the Fiscal Code, financial accounts and records must be kept within Germany. Exceptionally, the competent revenue authority may authorise the storage of electronic accounts data outside of Germany if certain conditions are met (e.g., information is given about the location of the data processing and name of the third party processor; the data remains fully accessible and taxation is not hampered).
Coverage Horizontal

GERMANY

Since February 2005, last amended in December 2022

Pillar Cross-border data policies  |  Indicator Local storage requirement
Value Added Tax Act (Umsatzsteuergesetz)
According to Section 14b of the Value Added Tax Act, all VAT invoices must be stored within Germany. When these invoices are stored electronically, they can be stored within another EU member state. However, the tax authority must be notified of the location of the data servers and have the ability to access and download the data.
Coverage Horizontal

GERMANY

Since April 2016, entry into force in May 2018
Since June 2017, last amended in June 2021

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Federal Data Protection Act (Bundesdatenschutzgesetz)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Germany implemented the GDPR in 2018 through the Federal Data Protection Act.
Coverage Horizontal

GERMANY

Since June 2017

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Federal Data Protection Act (Bundesdatenschutzgesetz)
Germany's implementation of the EU General Data Protection Regulation (GDPR) broadens the scope of the requirement for a data protection officer under Art. 37 GDPR. According to Art. 38 of the Federal Data Protection Act, public entities and private entities with at least 20 permanent employees in automated data processing have to appoint a data protection officer; "automated data processing" here includes most computer-based activities. In addition to GDPR requirements, all entities that perform operations for which a data protection impact assessment is necessary, according to the GDPR, also have to appoint a data protection officer.
Coverage Horizontal

GERMANY

Since June 2004, last amended in June 2021

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Telecommunications Act (Telekommunikationsgesetz (TKG))
Sections 173 and 174 of the Telecommunications Act require that providers of publicly available telecommunications services for consumers establish an automated system for data access for the Federal Networks Agency and law enforcement agencies regarding certain types of data (name and address, date of birth, telephone number of a certain user) and immediately respond to other data demands if there is evidence of a concrete criminal act within the meaning of Section 2.1 of the Federal Criminal Police Office Act.
Coverage Telecommunications sector

GERMANY

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Germany is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

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