Germany: Issued Federal Constitutional Court ruling on Telecommunications Act and the Code of Criminal Procedure compatibility with the EU law

On 14 February 2023, the German Federal Constitution Court ruled that the German Telecommunications Act and the Code of Criminal Procedure are incompatible with EU law. The decision upholds the EU Court of Justice's ruling that the German data retention law is no longer valid and cannot be implemented as of 20 September 2022, as stated in the ruling Cases C-793/19 ECJ/SpaceNet and C-794/19/Telekom Deutschland. The provisions of the Telecommunications Act and the Code of Criminal Procedure required telecommunications providers to retain traffic and location data without cause.