Legislative Processes & Focus Topics
Telecommunication
The right to access telecommunications services has been concretised. This standard serves to ensure basic access to the Internet and telephone services. The associations eco, ANGA, Bitkom, BREKO, BUGLAS and VATM worked together in the interests of their member companies to ensure the appropriate implementation of the new obligations and a more concrete formulation. To this end, they drafted joint association letters on the right to access telecommunications (RaVT), reduction rules and the telecommunications data reporting portal, as well as holding meetings with company representatives.
On 21 February 2024, the European Commission published a white paper entitled “How to master Europe’s digital infrastructure needs?”, analysing the status quo and current challenges in the expansion of digital network infrastructure. The white paper aimed to initiate a discourse on a Digital Networks Act. In addition to measures to ensure effective competition within the EU, regulatory approaches were also presented to safeguard the competitiveness of European digital infrastructures on the global market. eco actively accompanied the consultation process and submitted a position paper in June 2024.
In the field of telecommunications regulation, the amendment of the TR Emergency Call Regulation was on the agenda in 2024. eco also contributed to this process.
Telecommunications networks
In August 2023, the German Federal Ministry for Digital and Transport (BMDV) presented a draft law to accelerate the roll-out of telecommunications networks (TK-NABEG). The main objective is to expand the roll-out of broadband and mobile infrastructure in line with the German federal government’s Gigabit Strategy. The draft proposes an amendment to the German Telecommunications Act (TKG) and the German Telecommunications Interception Ordinance (TKÜV). In addition, national law is to be adapted to Regulation (EU) 2022/612 (“Roaming Regulation”). A central project of the German telecommunications networks is the introduction of the Gigabit Register as a central data hub for relevant information on broadband roll-out. eco commented in October 2023 on the draft bill with a German-language position paper. In a joint association letter sent in March 2024 to the German Federal Ministry for Digital and Transport (BMDV) and the Federal Chancellery (BKAmt) (together with ANGA, Bitkom, BREKO, BUGLAS, VATM & VKU), eco argued against tightening the mitigation regulations within the framework of the telecommunications networks. The law was not passed in 2024 and will most likely fall into discontinuity.
Data retention
In October 2024, the German Federal Ministry of Justice presented a draft law introducing a preservation order for traffic data in the German Code of Criminal Procedure. An association consultation was held on the law, in which eco participated by submitting a statement. However, the law could not be introduced to parliament in 2024 and will most likely fall into discontinuity.
IT security
At the beginning of the year, cybersecurity returned to the spotlight with the Critical Infrastructure Umbrella Act (KRITIS-DachG). After a long wait, it was introduced in November shortly before the government coalition collapsed and could no longer be passed. eco submitted comments on the revised draft bill. The NIS2 Implementation Act (NIS2UmsuCG) entered the stakeholder consultation process in summer 2024 in two iterations as an official draft from the German Federal Ministry of the Interior and Community (BMI). It was adopted by the cabinet in July 2024 and subsequently introduced into the parliamentary process. However, as the law could not be passed in 2024, it can be assumed that it will fall under discontinuity. eco accompanied both legislative procedures with commentary and statements.
National transposition of the Digital Services Act
In transposing the DSA, its harmonising character means that the German national had to be thoroughly revamped. The German Digital Services Act (DDG) made the necessary adjustments and simultaneously replaced the German Telemedia Act (TMG) and the German Network Enforcement Act (NetzDG).
The German Federal Network Agency (BNetzA) was designated as the coordinating body or Digital Services Coordinator, with other bodies such as the German Federal Commissioner for Data Protection and Freedom of Information (BfDI), the German Federal Agency for the Protection of Minors in the Media (BzKJ) and state media authorities also playing a corresponding role. eco contributed to the consultation with a German-language statement. The legislative process for the national implementation was adopted in the first half of 2024. The DDG was published in the Federal Law Gazette on 13 May 2024, significantly after the DSA actually came into force in February 2024. In July 2024, eco published a debriefing to inform members about the relevant legislative changes and requirements.
Law against digital violence
In April 2023, the German Federal Ministry of Justice (BMJ) published a position paper for a law against digital violence. The law against digital violence is intended to make it easier for those affected by legal violations in the digital space to enforce their rights and prevent further legal violations. To this end, private information procedures are to be strengthened, a right to a judicially ordered temporary account ban is to be created, and the delivery of legal documents is to be made easier.
In the reporting year, the German Federal Ministry of Justice (BMJ) continued to pursue its plans to develop a law against digital violence. In this context, it held a specialist discussion on the “Law against Digital Violence” on 21 May 2024, during which topics such as the right to information for affected individuals, account blocking and authorised representatives for service were discussed. Represented by the Head of the Complaints Office, the eco Complaints Office participated in the specialist discussion. In addition, on 9 December 2024, the BMJ published a draft discussion paper for a law against digital violence, and provided an opportunity for comments.
CSAM Regulation – child abuse content
In the 2024 year under review, political debates and discussions continued regarding the proposal for a “Regulation laying down rules to prevent and combat child abuse” (CSAM Regulation) adopted by the European Commission in May 2022. The proposed regulation intends to oblige Internet service providers to automatically search for known and new content as well as grooming. This goes hand in hand with an attack on end-to-end encryption on the Internet. Other points of criticism on the proposed regulation relate to the provisions for Internet blocking and the insufficient incorporation of existing structures and processes with regard to reporting and deleting abusive content.
The European Parliament already established its negotiating position for the future trilogue on the CSAM Regulation back in November 2023. At the Council level, however, efforts to reach a common position as a basis for the forthcoming trilogue negotiations continued throughout 2024.
eco followed the ongoing political debate and, among other actions, signed two joint letters to highlight existing concerns and ambiguities in connection with the Commission’s draft.
CSAM Directive
On 6 February 2024, the European Commission published its proposal for a revision of the CSAM Directive (Directive on combating the sexual abuse and sexual exploitation of children and child sexual abuse material and replacing Council Framework Decision 2004/68/JHA (recast)) and opened it for consultation.
Among other provisions, this directive contains requirements for Member States regarding the criminalisation of depictions of sexual abuse and sexual exploitation of children and adolescents and obliges Member States to introduce effective notice and take-down measures. The revision of the CSAM Directive aims, on the one hand, to tighten substantive (criminal) law in the Member States in these areas and, on the other hand, to introduce explicit rules on the role of hotlines.
eco accompanied the political discourse surrounding the revision of the CSAM Directive in 2024 and issued a statement as part of the EU consultation.
National implementation of the e-Evidence Regulation
In October 2024, the German Federal Ministry of Justice presented a proposal for the national implementation of the e-Evidence Regulation. The draft act was intended to implement the European e-Evidence Package on cross-border access to data from providers and hosting providers for the purpose of securing evidence in criminal proceedings. However, due to the collapse of the federal government, the draft bill could not be further advanced and will most likely fall into discontinuity.
Data Governance Act
With the German Data Governance Act (DGG), the German federal government presented a draft for an implementation law for the European Data Governance Act (DGA) in May 2024. The draft provided for placing supervision of data intermediation services and the registration of data altruistic organisations with the German Federal Network Agency (BNetzA). The German Federal Statistical Office (Destatis) was designated as the responsible authority for supporting public authorities wishing to make protected administrative data usable. eco commented on the draft with a German statement. eco considers data intermediation services to be an important component of the data ecosystem. They can facilitate the data sharing between different actors and sectors, thereby improving data availability. When implementing the DGA, care must be taken to ensure that clear responsibilities and contact persons are established. The designation of the BNetzA as the responsible authority was therefore positively evaluated.
In the further legislative process, eco was able to send an expert to the hearing in the Committee for Digital Affairs. In advance, eco prepared a further German statement on the hearing’s catalogue of questions. In view of the new elections in Germany, eco advocated for timely adoption of the law.
The law was not passed before the new election and is therefore subject to discontinuity and will have to be reintroduced to the German Bundestag by a new German federal government. eco will continue to monitor its implementation.
Mobility data
Last year, eco actively contributed to the debate on the increased use of mobility data. The key points for a mobility data law presented by the German Federal Ministry of Digital and Transport (BMDV) served as the starting point. eco contributed to the consultation process with a German statement. From eco’s point of view, greater use of mobility data is needed not only to enable intermodal mobility and make a significant contribution to the transport transition and the reduction of CO₂ emissions in the transport sector, but also to provide a crucial foundation for many valuable smart city or smart region projects. In this context, what is needed above all is legal certainty in the use of data, as well as better availability, especially of public mobility data. Against this background, the proposed consolidation of legal provisions for mobility data into a single law is generally to be welcomed. However, in eco’s view, further adjustments would have been necessary in the further legislative process, particularly with regard to the protection of trade secrets and the avoidance of additional bureaucracy. Due to the new elections, the law could no longer be passed and has fallen into discontinuity. eco will continue to actively monitor regulatory developments in this area and will intervene again if necessary.
eIDAS Regulation
After the negotiations on the revised eIDAS Regulation were concluded back in 2023, the regulation entered into force on 20 May. In this context, eco prepared a debriefing on the eIDAS Regulation, summarising the most important provisions and deadlines. This debriefing was made available to members. The concrete implementation of EUID wallets has not yet taken place in Germany. The planned eIDAS Implementation Act II could not be passed following the collapse of Germany’s traffic light coalition.
Artificial intelligence
The year 2024 was also marked by the debate on the use of artificial intelligence. This also centred on the question of how AI systems and models should be regulated.
After a provisional agreement on the AI Act was reached at the end of 2023, the regulation was finally published in the Official Journal of the European Union on 12 July 2024 and entered into force on 20 August. Following publication in the Official Journal, eco prepared a debriefing which was made available to its members. The document provides an overview of the most important provisions and deadlines for providers and users of AI systems and models.
No progress was made in the reporting year on the planned AI Liability Directive. eco will continue to closely monitor further developments in the field of artificial intelligence and actively engage where necessary. In addition to ensuring an innovation-friendly and coherent implementation of the AI Act, the focus will also be on promoting artificial intelligence and its practical application. From eco’s perspective, a paradigm shift is needed in the coming years – away from new regulation towards more support and concrete assistance for companies that want to offer or use AI systems or models.
Aspects of sustainable digitalisation
Already during the 2023 Digital Summit, the German Federal Ministry for Digital and Transport (BMDV) presented the results of the commissioned “Meta-study and recommendations for action on the sustainable expansion of gigabit networks”. In parallel, key points were introduced to serve as a basis for formulating recommendations for action for the sustainable expansion of gigabit networks. The goal was to expand the general framework for the development of the analysed network infrastructures and thereby contribute to improved environmental compatibility. eco responded to the meta-study and key points in its own position paper. In May 2024, a draft of six fields of action for promoting sustainable gigabit expansion was presented. eco provided further comments in a second position paper.
Energy policy
The position paper published on 24 July 2024 by Decision Chamber 4 of the German Federal Network Agency (BNetzA) identifies the need for reform in the current incentive structure for system-serving consumption behaviour within the electricity grid tariff system. In order to counter the increasing volatility of feed-in with flexibility in the grids, incentives for grid-serving behaviour are to be created. To this end, BNetzA is planning a reform of the special grid fee regulation in accordance with Section 19 of the Electricity Grid Fee Regulation (StromNEV). eco participated in the public consultation by submitting a German statement.
On 7 November 2024, Decision Chamber 6 of the BNetzA published a proposal for a position paper on the allocation of withdrawal services from grid levels above low voltage and submitted it for public consultation. eco participated in the consultation process and published a German statement in December 2024.
EU efficiency indicators for data centres
The Energy Efficiency Directive (EED) was adopted by the European Parliament in June 2023 and came into force in October 2023. The amendment is intended to set new energy-saving targets in the EU to reduce energy consumption throughout the EU by 11.7 % by 2030. The Member States must transpose the directive into national law by 11 October 2025. In Germany, the EED will be implemented with the recently passed Energy Efficiency Act. The directive authorises the Commission to establish reporting obligations and efficiency standards for data centres. In December 2023, the EU Commission published a draft delegated regulation for a reporting system for data centres. In January 2024, eco submitted a position paper as part of the public consultation.
German Energy Efficiency Act
The German Energy Efficiency Act (EnEfG) aims to promote a cross-sectional and cross-sectoral reduction of energy consumption. The EnEfG also aims to transpose the EU Energy Efficiency Directive (EED) into German law. Following the initial draft in November 2022, the legislative process was completed by the end of 2023. Although the EnEfG transposes the EED, in some cases it places significantly more challenging requirements on the construction and operation of data centres. eco will continue to actively monitor the transposition of the law with regard to potential amendment laws. On 22 May 2024, the German Federal Cabinet adopted and submitted to the Bundestag for deliberation the draft law to amend the Energy Services Act and other efficiency measures, to amend the Energy Efficiency Act and to amend the Energy Consumption Labelling Act (hereinafter referred to as the EnEfG Adjustment Act). eco commented on the parliamentary procedure with a German position paper. The parliamentary procedure could not be completed in 2024.
German Interstate Treaty on the Protection of Minors in the Media (JMStV)
The amendment of the German Interstate Treaty on the Protection of Minors in the Media (JMStV), which was initiated in spring 2020, was further pursued by the state and senate chancelleries of the German federal states in 2024, by notifying the state treaty text to the EU and subsequently adopting it with further adjustments at the Conference of Minister Presidents in December 2024. The core of the project is the further development and reform of technical youth media protection by supplementing existing systems with end device-based or operating system-based youth protection solutions and settings options.
The involvement of the state parliaments and ratification of the state treaty is still pending.
International digital policy
A central topic in 2024 was the European elections in June and the associated strategic policy decisions. eco took the opportunity to present and contribute its European Election Agenda.
