Germany: Implemented Telecommunications Modernization Act including data protection regulation

On 1 December 2021, the Telecommunications Modernization Act, including data protection regulation, entered into force. The Act expands the definition of interpersonal communications service providers, specifying that it is a paid service and allows a limited number of people to communicate and interact with each other through communication networks, including over-the-top (OTT) service providers. In particular, the Act outlines obligations regarding the processing and transmission of personal data in connection with the provision of communications services, requiring the confidentiality of communications to be applied to content, traffic and location data. Furthermore, the Act specifies that the content, traffic and location data can be collected and processed only to provide a communications service. The Act requires location and traffic data to be deleted or anonymised after the connection is terminated. Finally, the Act outlines the circumstances under which the traffic and location data can be transmitted to authorities, such as criminal procedures and the data security standards and techniques that have to be followed when the data is transferred to the legally entitled authorities.