WhatsApp has to report you to the BKA from February, the headline can currently be read online. We’ll tell you what it’s all about and whether the obligation to report really applies to WhatsApp.
The Network Search Act does not apply to services for individual communication. (Source: Netzwelt)
- From February, the Network Enforcement Act stipulates that content relevant to criminal law must be reported to the Federal Criminal Police Office.
- This applies to operators of large social networks.
- But this does not apply to WhatsApp.
Since February 1, operators of large social networks in Germany have been obliged to report criminally relevant user content to the Federal Criminal Police Office (BKA). This requires an amendment to the Network Enforcement Act, which is now coming into force. WhatsApp is not affected by this.
As can be read on the website of the Federal Office of Justice (BfJ), the law does not apply to individual communication services. WhatsApp is explicitly mentioned here as an example. In general, it is unclear who will have to report all criminally relevant content from February.
According to a report by Netzpolitik.org, the law applies to social networks with more than two million registered users. However, the responsible BfJ does not keep a final list of what is considered a social network and which services are included in Germany. Instead, a case-by-case check is carried out to determine whether a provider has neglected its obligations.
Operators sue against the law
YouTube, Facebook and TikTok are already suing against the obligation and, according to a report by Spiegel, have not yet technically connected to the BKA’s reporting interface.
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