According to the German Federal Supreme Court (Bundesgerichtshof – “BGH”), companies must substantiate “climate neutral” advertising claims: Where such advertising claims lack sufficient substantiation in direct proximity to the claim, they will likely be considered misleading and, therefore, in breach of the statutory requirements of the German Act against Unfair Commercial Practices (Gesetz
Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services
The German Federal Ministry for Digital and Transport (Bundesministerium für Digitales und Verkehr – BMDV) has drawn up a new draft bill which shall introduce:
- (i) a statutory obligation for providers of number-independent interpersonal communication services (e.g. instant messaging services) to allow their users to use end-to-end encryption (“E2EE”), and (ii) a statutory transparency obligation for such providers to inform their users accordingly; and
- a statutory transparency obligation for providers of certain cloud services to inform their users about how to use continuous and secure encryption (“Draft Bill”).
The Draft Bill (status 7 February 2024), which does not have any basis in EU law, is available here (German content).Continue Reading Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services