Netzwerkdurchsetzungsgesetz (Network Enforcement Act), Social Networks, Authorized Recipient and Fine, as amended in 2024

Section 1(1) applies the Act to providers of digital services that operate platforms on the internet for profit and that are designed to let users share any content with other users or make it available to the public (social networks). Platforms with journalistic and editorial offerings that the provider itself is responsible for are not social networks, and neither are platforms intended for individual communication or for the dissemination of specific content.

Section 5 requires providers of social networks for which no other Member State is the country of establishment under section 2 of the Digitale-Dienste-Gesetz to designate an authorized recipient in Germany and to draw attention to him on the platform in an easily recognizable and directly accessible manner.

Service of documents in court proceedings before German courts about the dissemination of unlawful content, or the unfounded assumption of such dissemination, especially where restoration of removed or blocked content is sought, can be effected on that recipient. Section 1(3) defines unlawful content as content that fulfils the elements of listed offences in the Strafgesetzbuch and is not justified.

Section 4(1) makes it an administrative offence to fail, intentionally or negligently, to designate an authorized recipient contrary to section 5, first sentence. Section 4(2) sets a maximum fine of 500,000 euros and makes section 30(2), third sentence, of the Ordnungswidrigkeitengesetz applicable. Under that sentence of the Ordnungswidrigkeitengesetz, where a statute refers to it, the maximum fine for the offences the statute names is multiplied by ten.

Section 4(4) names the Bundesamt für Justiz as the administrative authority for these offences. Section 4a(1) has the authority named in section 4 monitor compliance with the Act.

Section 4a(3) requires the provider of a social network, in an administrative procedure under section 4a(2), to give the authority on request information about the measures taken to implement the Act, the number of registered users in Germany and the complaints about unlawful content received in the previous calendar year. Article 29 of the Act of 6 May 2024 repealed sections 2 to 3f of the Netzwerkdurchsetzungsgesetz. The Act was enacted as Article 1 of the Act of 1 September 2017. It took effect on 1 October 2017.