The Internet is not a legal vacuum

The Federal Office for Information Security reports: Even if the rumor persisted for a long time, the virtual world is not a legal vacuum.

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Rules must also be followed on the Internet. You can find questions and answers about law on the Internet here:

Even if the rumor persisted for a long time, the virtual world is not a legal vacuum. Rules must also be followed on the Internet; from respecting copyrights to orderly business transactions and playing with open cards (keyword: “imprint obligation”).

Questions & answers about law on the Internet

How do I legally defend myself against cybercriminals?

• Phish or other spying and unauthorized use of access data
  • Anyone who acts as a data fisher and uses third-party access data without authorization risks being convicted under the Criminal Code, including for computer fraud (§§ 263 and 263a StGB ). As a victim, you should contact the police. How to identify your local police station .
• E-commerce scammers
  • Online trading offers criminals a wide field of activity. From fraud to manipulation of payment processes, the sale of counterfeit products such as medicines and receiving stolen goods. Further information about offenses in this area can be found on the police website .
• Hacking /data manipulation
  • At the latest when hackers into someone else's computer system without authorization, but also spy on, delete, change or exchange files, things get serious: they risk being punished under the Criminal Code for spying on data (§ 202a StGB ) and, if necessary. Data modification and computer sabotage (§§ 303a, 303b StGB). This also applies if a protected third-party wireless network ( WLAN ) is cracked and then the Internet surfed or data is manipulated.
• Nigeria Connection and Co. – Receiving fraudulent offers
  • The police crime prevention department provides information on the subject of advance payment fraud / Nigeria letters . The scam is always the same: the recipients are asked to help with transferring money abroad or similar dubious services. Large profits are promised - but only if advance work is made. If you have suffered damage in connection with such forms of fraud (§ 263 StGB), then file a criminal complaint with the fraud commissioner at your local police station .

What do I have to pay attention to when creating a website ?

According to the Copyright Act, authors of literary, scientific and artistic works enjoy special protection. In particular, music, images, films, literature, but also representations of a scientific/technical nature (e.g. city maps, construction drawings) and software . Anyone who programs a website must therefore ensure that they hold a user license for the software . Anyone who does not do this risks civil or criminal consequences - even if the website does not serve commercial purposes. Detailed information on the topic can be found on the BKA under “Questions & Answers – Copyright” and on the i-rights.info website .
In addition, when operating a website, it must also be taken into account that under certain circumstances (particularly if there is an “intention to make a profit”) there is an obligation to provide an imprint. Another important point: There can also be legal responsibility for the content on pages that are only linked to. However, the nature and extent of this liability is legally very controversial; further information can be found on the Wikipedia website . A precautionary tip: As the operator of a website, visit the linked pages at regular intervals. This way you can ensure that the domain has not been sold, for example, and that invalid content is now found at the specified location.

When is downloading data from the Internet prohibited?

The legal situation for downloading or copying pieces of music, films or software is regulated by copyright. Detailed information on the legal situation surrounding file sharing , MP3 and CD copies can be found on the i-rights website . The operators of this project, which include university professors and consumer protection experts as well as media artists, offer a systematic, factual and generally understandable presentation of the aspects and regulations of applicable copyright law that affect private individuals.

How strict is data protection on the Internet?

You are confronted with questions about data protection at every turn in the virtual world: after all, practically every online activity leaves traces on the Internet, from emails to visiting chats and websites to downloading files. This information may only be stored and used within a narrow legal framework. Detailed information about these legal limits and the possible measures against abuse can be found on the websites of the data protection officers of the federal states and the federal data protection officer .

What restrictions exist for the use of dialers and cell phone payments?

The use of dialers is linked to strict rules, for example regarding the indication and amount of prices, authentication requirements and registration. The Federal Network Agency provides legal information about this on its website.
As part of their voluntary self-regulation, the providers of mobile phone developed a code of conduct with which they, for example, commit to transparency and price caps and reject dubious business practices. more information about cell phone payment on the Dialer Protection Information Service .

How can I prevent the spread of illegal content on the Internet?

Unfortunately, there are a lot of sites on the Internet that contain illegal content in the areas of child pornography, violence or racism. You can find further information in the child protection , on the police website or specifically on the subject of child pornography on the BKA website . If you discover such content on the Internet, the complaint offices at jugendschutz.net and the reporting office of the Association for Voluntary Self-Regulation active support. These institutions can take appropriate steps against the site operators, including shutting down/blocking the websites .

What can I do against misuse of my electronic mailbox?

Unwanted advertising emails , so-called spam messages , lead to clogged mailboxes and unnecessarily long, expensive download times. Spam is often used to advertise expensive phone numbers. The Federal Network Agency has been given the authority to take action against this through the Telecommunications Act and provides information on its website. e-mail in a company must also consider an additional aspect: Anyone who prematurely e-mails - for example according to spam criteria - may be encroaching on the user's freedom of telecommunications. After all, the addressee loses part of “his mail”. In order to protect yourself here, the use of spam filter programs in a company network should be agreed with individual employees.

How can I protect myself against malware?

Anyone who intentionally viruses, worms or Trojan horses is usually guilty of attempted or completed data modification (§ 303a StGB), which is punishable under the Criminal Code. If companies are affected, it can even be a computer sabotage, which is punished even more severely (§ 303b StGB). In the case of Trojan horses and other espionage programs, criminal liability for spying on data can also apply (Section 202a StGB). Prevention through protection programs and careful behavior is the most important weapon against computer malware - you can find a list of security tips on our website or on the police website . If you want to take action after suffering damage, please contact the responsible police station .

Can I – without knowing or wanting to – become a cybercriminal?

Many computer malware spread independently by sending themselves to addresses that they have found computers However, the owner of the affected device is not committing a criminal offense because: The non-negligent or unwitting spread of malware such as viruses or worms is generally not a criminal offense, although civil liability can arise even in the event of negligence. Attention: Companies may have an increased duty of care, which may arise from the Stock Corporation Act or the Act on Control and Transparency in the Corporate Sector (KonTraG).

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But what should you do if you fall into the clutches of fraudulent online retailers or fall victim to a phishing attack? In our focus area we have listed the essential points that need to be taken into account legally regarding the Internet, cell phones and the like.

Please note that the BSI is not allowed to provide legal information - this is reserved for the professional groups approved there due to the Legal Advice Act. We therefore limit ourselves to listing the most frequently asked questions and referring to suitable internet sources. There is no claim to completeness.

Framework and rules in the virtual world

Legal problems on the Internet and other new communication technologies arise in a wide range of situations. Since the legal situation is constantly changing due to new regulations and court rulings, we cannot give conclusive answers here. Instead, we have listed the competent contact points for specific legal questions for you.

Even if you don't currently have a current legal problem, you should read the entire list: This will help you understand what you need to pay attention to and where you can take action yourself to protect your rights. And last but not least, it is also good to know your own legal scope: many a website designer has left the legal area by using protected images, text or software code without being aware of it.

Tips and laws

The most important tips for filing a criminal complaint

If you want to take criminal action against someone, you first have to deal with a few practical questions: Where do I file the report or file a criminal complaint? How should an application be formulated? And what should you pay attention to when it comes to evidence? The police offer you detailed information about criminal charges their website .

The most important laws:

• Criminal Code (StGB)
• Law against unfair competition (UWG)
• Copyright Act (UrhG)
• Telecommunications Act (TKG)
• Telemedia Act (TMG)
• Act on the protection of access-controlled services and access control services (ZKDSG)

Source: BSI