Media Law
- Implementation of the Digital Services Act (DSA):
- Germany adopted the Digital Services Act (Regulation (EU) 2022/2065) as a replacement for parts of the outdated Telemedia Act (TMG). The DSA imposes stricter obligations on digital platforms, focusing on combating illegal content, ensuring platform accountability, and improving transparency regarding algorithms and advertising.
- Key measures include obligations for very large online platforms (VLOPs) to perform risk assessments and provide detailed content moderation reports.
- Strengthened Media Protection for Minors:
- Amendments to the Youth Protection Act (Jugendschutzgesetz) tightened requirements for providers of streaming and digital services to implement age-verification systems, restrict harmful content, and improve labeling of content ratings.
IT Law
- Enhanced Cybersecurity Requirements:
- The amendment to the IT Security Act 2.0 (IT-Sicherheitsgesetz 2.0) introduced stricter obligations for operators of critical infrastructure (KRITIS). New measures include mandatory incident reporting for a broader range of entities and the requirement to adopt state-of-the-art security systems.
- Digital Product Liability:
- Changes to product liability laws now explicitly cover software and digital services. Providers can be held liable for defects in software updates that cause damage or functional impairments to connected devices or systems.
Internet Law
- Platform Regulation:
- With the implementation of the DSA, internet platforms must ensure compliance with obligations related to removing illegal content, providing transparent advertising disclosures, and protecting users from harmful or misleading information.
- Regulation on Artificial Intelligence:
- The EU AI Act was incorporated into German law, imposing obligations on providers of AI systems. This includes transparency requirements for high-risk AI applications, a ban on certain uses of AI (e.g., real-time biometric surveillance), and detailed documentation requirements.
Copyright Law
- Adaptation of the Copyright Act (UrhG):
- Germany revised its Copyright Act (Urheberrechtsgesetz) to comply with the EU Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790). Key updates include:
- Article 17 Implementation: Platforms are now directly liable for copyright-infringing content uploaded by users unless they meet specific requirements, such as acquiring licenses or implementing content-filtering technologies.
- User-Generated Content (UGC): Explicit exceptions allow users to upload small excerpts of copyrighted works (e.g., memes, quotes) for purposes such as criticism, parody, or education, provided that such use remains non-commercial.
- Germany revised its Copyright Act (Urheberrechtsgesetz) to comply with the EU Directive on Copyright in the Digital Single Market (Directive (EU) 2019/790). Key updates include:
- Stronger Protections for Creators:
- Amendments to Sections 32 and 36 of the German Copyright Act improved creators’ bargaining positions by mandating equitable remuneration and strengthening collective rights management systems.
These legislative changes reflect Germany’s commitment to harmonizing its legal frameworks with EU directives and addressing challenges arising from digitalization, cybersecurity risks, and evolving media consumption trends.
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