Legal

Telemedia Act (TMG)

Date of production: 26.02.2007

 

Full citation:

“Telemedia Act of 26 February 2007 (BGBl. I p. 179), which was last amended by Article 1 of the law of 31 May 2010 (BGBl. I p. 692)”

 

Was standing:
Last modified by Art. 1 G v. 31.5.2010 I 692

 

You can find more information about the stand in the menu under Notes
Article 1 of that law transposes Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular, electronic commerce, in the internal market (OJ EC No. L 178 p. 1).
Article 1 (5) points 1 and 7 also serve to transpose Directive 2003/58 / EC of the European Parliament and of the Council of 15 July 2003 amending Council Directive 68/151 / EEC as regards disclosure requirements of certain types of companies (OJ EC No. L 221 p. 13).
The obligations arising from Directive 98/34 / EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and of information society services (OJ, EC No L 204 p. 37), as amended by Directive 98/48 / EC of the European Parliament and of the Council of 20 July 1998 (OJ EC No. L 217 p.

 

footnote

(+++ Proof of Text from: 1.3.2007 +++)
(+++ Official reference of the standard-provider to EC law:
Implementation of
ECR 31 / 2000 (CELEX No: 32000L0031)
EGRL 58 / 2003 (CELEX No: 32003L0058)
Compliance with
ECtHR 34 / 98 (CELEX No: 31998L0034)
Implementation of
ECD 65 / 2007 ( CELEX No: 32007L0065) +++)

The G was considered Article 1 of G v. 26.2.2007 I 179 of the Bundestag. It is gem. Art. 5, first sentence, of this G iVm Bek. V. 1.3.2007 I 251 entered into force on 1.3.2007.

 

Section 1
General Provisions

1 Scope

(1) This Act shall apply to all electronic information and communication services, other than telecommunications services as defined in 3 (24) of the Telecommunications Act, which consist entirely of the transmission of signals over telecommunications networks. Telecommunications services pursuant to 3 No 25 of the Telecommunications Act or broadcasting according to § 2 of the Broadcasting Treaty (Telemedien). This Act applies to all providers, including public authorities, regardless of whether there is a charge for their use.
(2) This Act does not apply to the field of taxation.
(3) The Telecommunications Act and the press laws remain unaffected.
(4) The special requirements to be addressed to the content of Telemedia arise from the State Treaty for Broadcasting and Telemedia (Rundfunkstaatsvertrag).
(5) This law does not apply to rules in the area of private international law nor does it regulate the jurisdiction of the courts.
(6) The special provisions of this Act on on-demand audiovisual media services do not apply to services which:
1.
are intended solely for reception in third countries and
Second
not directly or indirectly by the general public with commercial consumer terminals in a State within the scope of Council Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative provisions of the Member States relating to the exercise of the 23, OJ L 298, 17.10.1989, p. 23), recently amended by Directive 2007/65 / EC (OJ L 332, 18.12.2007, p ,

 

Begriff 2 Definitions

For the purposes of this law
1.
is a service provider any natural or legal person who provides his or her own or third-party Telemedia for use or provides access to the use; in the case of on-demand audiovisual media services, a service provider is any natural or legal person who effectively controls the selection and design of the content offered;
Second
is a registered service provider any provider that offers or provides Telemedia on an indefinite basis through a fixed facility; the location of the technical facility alone does not constitute a branch of the provider,
Third
User is any natural or legal person who uses Telemedia, in particular to obtain or make available information;
4th
distribution services are Telemedia which are simultaneously provided for an unlimited number of users by means of a transmission of data without individual requirements,
5th
Commercial communication is any form of communication that directly or indirectly promotes the sale of goods, services or the appearance of a business, other organization or a natural person engaged in commerce, trade or craft or a free profession; the transmission of the following information as such does not constitute a form of commercial communication:
a)
Information enabling immediate access to the activity of the company or organization or person, in particular a domain name or electronic mail address,
b)
Information relating to goods and services or the appearance of a business, organization or person, which are made independently and in particular without financial consideration.
6th
On-demand audiovisual media services are Telemedia containing content that is similar in form and content to television and provided by a service provider for individual retrieval at a user-selected time and content catalog established by the service provider.
A legal person is equal to a partnership, which has the ability to acquire rights and liabilities.

 

2a European Headquarters

(1) Within the scope of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (OJ EC No 1), the country of domicile of the service provider is determined by where it actually carries out its business. This is the place where the center of activity of the service provider is with respect to a particular Telemedia offer.
(2) Within the scope of Directive 89/552 / EEC, the host country of the service provider is intended for on-demand audiovisual media services
a)
the location of the head office provided that effective control of the audiovisual media service is exercised there, and
b)
the place where a substantial part of the staff entrusted with the provision of the audiovisual media service operates, provided that the effective control over the audiovisual media service is not exercised in the Member State of the European Union or a third country where the place of the main branch is located; If it can not be established that a substantial part of the staff entrusted with the provision of the audiovisual media service is located in a particular place, the country of domicile is determined by the place of the principal place of business.
If the conditions laid down in paragraph 2 (a) or (b) are not satisfied, the country of domicile of the service provider shall be determined, within the scope of Directive 89/552 / EEC, by the place where he first commenced his activities in accordance with Of this country, provided that it has a lasting and genuine link with the economy of that country.
(4) Suppliers of on-demand audiovisual media services who cannot be established within the scope of Directive 89/552 / EEC under paragraphs 2 and 3 shall be subject to German law, provided that they:
a)
a satellite ground station located in Germany for the uplink or
b)
use a transmission capacity of a satellite in Germany.

 

3 country of origin principle

(1) Service providers established in Bundes 2a and their Telemedia shall be subject to the requirements of German law, even if the Telemedia in another state falls within the scope of Directives 2000/31 / EC and 89/552 / EEC Angebotenig be offered or provided.
(2) The freedom to provide services provided by Telemedia, which are offered or provided in the Federal Republic of Germany by service providers who are established in another State within the scope of Directives 2000/31 / EC and 89/552 / EEC , is not restricted. Paragraph 5 remains unaffected.
(3) Subsections 1 and 2 shall remain unaffected
1.
freedom of choice,
Second
the rules on contractual obligations with regard to consumer contracts,
Third
statutory provisions on the form of acquisition of land and land rights and the creation, transfer, modification or cancellation of real rights to land and land rights,
4th
the law applicable to the protection of personal data.
(4) Paragraphs 1 and 2 shall not apply to
1.
the activity of notaries as well as of other professionals, insofar as they also act in a sovereign capacity,
Second
the representation of clients and the exercise of their interests in court,
Third
the permissibility of unsolicited commercial communications by electronic mail,
4th
Sweepstakes with a monetary value bet on gambling games, including lotteries and betting,
5th
the requirements for distribution services,
6th
Copyright, neighboring rights, rights within the meaning of Council Directive 87/54 / EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (OJ EC No L 24, p. 36) and Directive 96/9 / EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ EC No. L 77 p. 20) and for industrial property rights;
7th
the issuance of electronic money by institutions acting in accordance with Article 8 (1) of Directive 2000/46 / EC of the European Parliament and of the Council of 18 September 2000 on the taking up, practice and supervision of activities of electronic money institutions (OJ EC No. L 275 p. 39), from the application of some or all of the provisions of this Directive and the application of Directive 2000/12 / EC of the European Parliament and of the Council of 20 May Freigrz 2000 on the taking up and pursuit of the business of credit institutions (OJ EC No. L 126 p.
8th.
Agreements or practices that are subject to antitrust law,
9th
the areas covered by 12, 13a to 13c, 55a, 83, 110a to 110d, 111b and 111c of the Insurance Supervision Act and the Insurance Reporting Regulation; the rules governing insurance contracts and compulsory insurance.
(5) By way of derogation from paragraph 2, the provision and supply of Telemedia by a service provider established in another State within the scope of Directives 2000/31 / EC or 89/552 / EEC shall be subject to the restrictions of national law; as far as this protection
1.
public safety and order, in particular with regard to the prosecution, investigation, investigation, prosecution and enforcement of criminal offenses and administrative offenses, including the protection of minors and the control of incitement on grounds of race, Gender, beliefs or nationality, as well as violations of the personalities of individuals, and the protection of national security and defense interests,
Second
public health,
Third
the interests of consumers, including the protection of investors,
against detriment or serious and serious hazards and the measures which may be taken on the basis of national law are proportionate to those objectives. For the procedure for initiating proceedings under the first sentence, with the exception of judicial proceedings, including any preliminary proceedings and the prosecution of criminal offenses, including penalties and administrative offenses, see Article 3 (4) and (5) of the 2000 Directive / 31 / EC and Article 2a (4) and (5) of Directive 89/552 / EEC for consultation and information.

 

Section 2
Admission and information requirements

Zul 4 admission

Telemedien are under the laws admission and registration free.

 

5 General information requirements

(1) Service providers have the following information easily identifiable, directly accessible and permanently available for business-oriented, usually paid-for, Telemedia:
1.
the name and address under which they are established, in legal persons, the legal form, the authorized representative and, if the information is provided on the capital of the company, the ordinary or capital stock and, if not all, cash Deposits are paid, the total amount of outstanding deposits,
Second
Information enabling rapid electronic contact and direct communication with them, including the address of the electronic mail,
Third
as far as the service is offered or provided in the context of an activity requiring official authorization, information on the competent supervisory authority,
4th
the commercial register, association register, partnership register or cooperative register in which they are registered and the corresponding registration number,
5th
in so far as the service in the exercise of a profession within the meaning of Article 1 (d) of Council Directive 89/48 / EEC of 21 December 1988 provides for a general system for the recognition of higher education diplomas giving at least three years’ professional training 16), or within the meaning of Article 1 (f) of Council Directive 92/51 / EEC of 18 June 1992 on a second general system for the recognition of professional qualifications in Erg Directive 89/48 / EEC (OJ EC No L 209, p. 25, 1995 No L 17, p. 20), as last amended by Commission Directive 97/38 / EC of 20 June 1997 ( OJ EC No L 184 p. 31), offered or provided, information on
a)
the chamber to which the service providers belong
b)
the legal professional title and the state in which the professional title has been awarded,
c)
the description of the professional regulations and how they are accessible,
6th
in cases where they have a VAT registration number according to 27a of the Value Added Tax Act or an economic identification number according to 139c of the Tax Code, the indication of this number,
7th
in the case of limited companies, limited partnerships and limited liability companies in liquidation or liquidation, the details thereof.
(2) Further information obligations under other legal provisions remain unaffected.

 

Besondere 6 Special information requirements for commercial communications

(1) Service providers shall comply with at least the following requirements for commercial communications that are Telemedia or Telemedia components:
1.
Commercial communications must be clearly recognizable as such.
Second
The natural or legal person on whose behalf commercial communications are made must be clearly identifiable.
Third
Promotional offers such as discounts, allowances, and gifts must be clearly identifiable as such and the conditions for their use must be readily accessible and clearly and unequivocally indicated.
4th
Promotional or competitive competitions must be clearly recognizable as such and the conditions of participation must be easily accessible and clearly and unequivocally stated.
(2) If commercial communications are sent by electronic mail, neither the sender nor the commercial character of the message shall be concealed or concealed in the header and subject line. Obfuscation or concealment occurs when the header and subject line are intentionally designed so that the recipient, before accessing the content of the communication, has no or misleading information about the actual identity of the sender or the sender commercial character of the message.
(3) The provisions of the law against unfair competition remain unaffected.

 

Section 3
Accountability

7 General principles

(1) Service providers are responsible for their own information, which they hold for use, according to the general laws.
(2) Service providers within the meaning of 8 to 10 are not obliged to monitor the information transmitted or stored by them or to investigate circumstances which indicate illegal activity. Obligations to remove or block the use of information according to the general laws remain unaffected even in the case of non-responsibility of the service provider according to 8 to 10. The telecommunications secrecy according to 88 of the Telecommunications Act must be upheld.

 

8 Transmission of information

(1) Service providers are not responsible for any third-party information that they transmit or provide access to in a communication network, provided that they:
1.
the transmission does not cause,
Second
the addressee of the transmitted information has not been selected and
Third
the transmitted information has not been selected or changed.
Sentence 1 does not apply if the service provider deliberately cooperates with a user of his service to commit unlawful acts.
(2) The transmission of information in accordance with paragraph 1 and the provision of access to them also includes the automatic temporary storage of this information, provided that this is done only for the purpose of carrying out the transmission in the communication network and the information is no longer stored; as is usually required for the transmission.

 

Zw 9 Caching to speed up the transmission of information

Service providers are not responsible for an automatic, time-limited caching that is solely for the purpose of making the transmission of third-party information to other users more efficient upon request, provided that they are
1.
do not change the information,
Second
observe the conditions for access to the information,
Third
observe the rules for updating the information set in widely recognized and used industry standards;
4th
do not interfere with the permitted use of technologies for the collection of data on the use of information specified in widely recognized and used industry standards; and
5th
act immediately to remove or block access to information stored within the meaning of this Regulation as soon as they become aware that the information has been removed from the network at the original place of transmission or access to it has been blocked or a court or administrative authority has ordered the removal or blocking.
8 para. 1 sentence 2 shall apply mutatis mutandis.

 

10 storage of information

Service providers are not responsible for third-party information that they store for a user, provided that
1.
they have no knowledge of the unlawful act or information and, in the case of claims for damages, they are not aware of facts or circumstances from which the unlawful act or information becomes evident, or
Second
they have immediately acted to remove the information or block access to it as soon as they have gained this knowledge.
Sentence 1 does not apply if the user is subject to or supervised by the service provider.

 

Section 4
Privacy

Anbieter 11 Provider-User-Ratio

(1) The provisions of this section shall not apply to the collection and use of personal data of users of Telemedia, as far as the provision of such services
1.
in the employment and employment relationship for professional or professional purposes only; or
Second
within or between non-public bodies or public bodies, solely for the purpose of controlling work or business processes.
(2) A user within the meaning of this section is any natural person who uses Telemedia, in particular, to obtain or make available information.
(3) In the case of Telemedia, which consist predominantly in the transmission of signals via telecommunications networks, only 15 (8) and Absatz 16 (2) (4) apply to the collection and use of users’ personal data.

 

Grund 12 principles

(1) The service provider may only collect and use personal data for the provision of Telemedia, insofar as this law or any other legal provision that expressly refers to Telemedia, permits it or the user has consented.
(2) The service provider may only use personal data collected for the provision of Telemedia for other purposes to the extent that this law or other legal provision expressly applicable to Telemedia permits it or the user has consented thereto.
(3) Unless otherwise specified, applicable personal data protection rules shall apply, even if the data are not processed automatically.

 

Pflichten 13 Duties of the service provider

(1) The service provider shall inform the user at the beginning of the use process of the nature, extent, and purpose of the collection and use of personal data and the processing of his data in countries outside the scope of Directive 95/46 / EC of the European Union Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ EC No. L 281 p. 31) in a generally understandable form, unless such information is provided already done. In an automated process that allows the user to be identified later and prepares to collect or use personal data, the user should be informed at the beginning of this process. The content of the information must be available to the user at any time.
(2) Consent may be declared electronically if the service provider ensures that:
1.
the user has given his consent consciously and clearly,
Second
the consent is logged
Third
the user can retrieve the content of the consent at any time and
4th
the user can revoke the consent at any time with effect for the future.
(3) The service provider must inform the user of the right under paragraph 2 no. 4 before giving his consent. Paragraph 1, sentence 3 applies accordingly.
(4) The service provider shall ensure, through technical and organizational arrangements, that:
1.
the user can terminate the use of the service at any time,
Second
the resulting personal data about the expiration of the access or the other use are deleted immediately after their termination or locked in the cases of the sentence 2,
Third
the user can use Telemedia protected against the knowledge of third parties,
4th
the personal data about the use of different Telemedia can be used separately by the same user,
5th
Data according to 15 para. 2 can only be merged for billing purposes and
6th
Usage profiles according to 15 para. 3 cannot be combined with details for the identification of the bearer of the pseudonym.
The deletion according to sentence 1 no. 2 shall be replaced by a block, as far as a statutory, statutory or contractual retention period precludes a cancellation.
(5) The transfer to another service provider must be notified to the user.
(6) The service provider shall allow the use of Telemedia and its payment anonymously or under a pseudonym, as far as this is technically possible and reasonable. The user is to be informed about this possibility.
(7) The service provider shall, upon request, provide the user, in accordance with 34 of the Federal Data Protection Act, with information about the data stored about his person or his pseudonym. The information can also be given electronically at the request of the user.

 

14 stock data

(1) The service provider may only collect and use the personal data of a user as far as they are necessary for the justification, content design or modification of a contractual relationship between the service provider and the user for the use of Telemedia (stock data ).
(2) At the request of the competent authorities, the service provider may, on a case by case basis, provide information on stock data, as far as this is for law enforcement purposes, for the purpose of preventing the police authorities of the countries Is required by the Federal and Länder authorities, the Federal Intelligence Service, the Military Intelligence Service or the Federal Criminal Police Office as part of its mission to avert the dangers of international terrorism or to enforce intellectual property rights.

 

Nutzungs 15 usage data

(1) The service provider may only collect and use personal data of a user, as far as this is necessary in order to enable an account for the use of Telemedia (usage data). Usage data in particular
1.
Features for identifying the user,
Second
Information about the beginning and end as well as the extent of the respective use and
Third
Information about the Telemedia used by the user.
(2) The service provider may combine usage data of a user with the use of different Telemedia as far as this is necessary for billing purposes with the user.
(3) The service provider may create usage profiles for the purposes of advertising, market research or for appropriate design of the Telemedia using pseudonyms provided that the user does not object. The service provider must inform the user of his right of objection in the context of the information pursuant to 13 para. 1. These usage profiles should not be merged with data about the bearer of the pseudonym.
(4) The service provider may use usage data beyond the end of the usage process, as far as they are necessary for purposes of billing with the user (billing data). To fulfill existing statutory, statutory or contractual retention periods, the service provider may block the data.
(5) The service provider may transmit billing data to other service providers or third parties, as far as this is necessary for the determination of the fee and for the billing with the user. If the service provider has concluded a contract with a third party for the collection of the fee, he may transfer billing data to this third party to the extent necessary for this purpose. For the purposes of market research of other service providers, anonymised usage data may be transmitted. 14 para. 2 applies accordingly.
(6) The billing for the use of Telemedia shall not reveal the provider, time, duration, nature, content and frequency of certain Telemedia services used by a user unless the user requires proof of identity.
(7) The service provider may save billing data, which are processed at the request of the user for the production of individual statements on the use of certain offers, at the latest until the expiry of the sixth month after dispatching of the invoice. If objections are raised against the payment claim within this period or if these are not paid despite the request for payment, the billing data may still be stored until the objections have been finally settled or the payment claim has been settled.
(8) If there are actual indications to be provided to the service provider that his services are used by certain users with the intention of not or not fully paying the fee, he may disclose the personal data of these users at the end of the use as well as the period of storage referred to in paragraph 7 only to the extent necessary for the purposes of legal action. The service provider must delete the data immediately if the prerequisites according to sentence 1 are no longer available or the data for the prosecution are no longer needed. The affected user shall be informed as soon as possible without endangering the purpose of the action.

 

A 15a Obligation to provide information in case of unlawful acquisition of data

If the service provider determines that the inventory or usage data stored in it have been unlawfully transmitted or otherwise misappropriated by third parties, and threaten to severely impair rights or interests of the affected user, 42a of the Federal Data Protection Act applies accordingly.

 

Section 5
Bu geldvorschriften

16 bucks money regulations

(1) Offenders act who intentionally disguises or conceals the sender or the commercial nature of the message contrary to § 6 (2) sentence 1.
(2) acts contrary to the regulations of those who are deemed to be responsible or liable
1.
contrary to 5 (1) does not contain any information, is incorrect or incomplete,
Second
contrary to 13 (1) sentence 1 or 2, the user is not, not correctly, not completely or not informed in time,
Third
a provision of 13 (4) sentence 1 nos. 1 to 4 or 5 violates a duty of seizure stated therein,
4th
contrary to § 14 (1) or § 15 (1) sentence 1 or (8) sentence 1 or 2, collects or uses personal data or does not delete it in good time or
5th
contrary to § 15 (3) sentence 3, a usage profile is merged with data about the bearer of the pseudonym.
(3) The administrative offense may be punished by a fine of up to fifty thousand euros.