Germany: Issued Final Report concerning Sector Inquiry into Messenger Services

On 15 May 2023, the German Competition Authority (Bundeskartellamt) published its final report on the sector inquiry into messenger services. It includes insights on data protection in messenger and video services, with a focus on data security and processing criteria. The investigation findings are presented, analysed, and legally reviewed. It also covers the pending investigation results on interoperability, specifically regarding technical implementation and design, in relation to the Digital Markets Act. Based on these findings, the report proposes approaches to enhance competitive data protection for both consumers and services. The report concludes with several recommendations, including strengthening the enforcement of consumer rights in response to the constant challenges posed by the digital economy and leveraging the Bundeskartellamt’s expertise in consumer rights enforcement. Further, it recommends increasing efforts to educate and inform consumers, with a focus on developing media literacy, through a comprehensive communication strategy for data protection that utilises both digital and traditional media channels. Additionally, the report encourages the public sector to adopt privacy-friendly messenger and video services more extensively, providing reliable information on GDPR compliance for these services, even those not in the public spotlight. Moreover, it recommends implementing interoperability in a manner that promotes innovation and prioritises consumer interests, considering the complex technical and legal aspects of data security and privacy. Lastly, efforts should be made to ensure that consumer product requirements for security are not overlooked.