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The draft bill contains a expansion of the monitoring obligation in context of email- and internet trafic also in legal text

How offerors are affected by BÜPF in the future:

  • so-called providers of services that rely on telecommunications services and allow a single or multi-path communications (e.g., hosting and housing provider, Skype, etc.),
  • operators of internal telecommunications networks,
  • professional resellers of cards or other means of access to the Internet (currently resellers of prepaid cards such as Interdiscount, Media Markt etc.) or,
  • Persons who make their (Internet) access available to third parties (e.g. schools, hotels, etc.).

Furthermore, the use of monitoring software, so-called Trojans, is now regulated in the Code of Criminal Procedure and allowed for the first time (Article 269 of the Code of Criminal Procedure (StPO)). This malware can be installed on a device, such as a mobile phone or a PC, and the encrypted telecommunications traffic (Internet, telephony) are directly monitored and tracked.

The storage requirement for marginal data (IP addresses, etc.) is increased from 6 to 12 months.