YouTube and other platforms will be with the new Network Enforcement Act obliges the federal government to forward special user data to the Federal Criminal Police Office if contributions by a user violate the law and have been deleted from the respective platform. However, Google and YouTube do not quite agree with this and have now filed a lawsuit against these plans before the administrative court in Cologne.
YouTube cites the main reason that forwarded user data can no longer be withdrawn later. In the second half of last year alone, the video platform temporarily removed or blocked over 73,000 pieces of content after it was allegedly illegal. After a detailed check, however, almost 77 percent of this content was approved again in the end. In the case of the new regulation of the NetzDG, the data of the relevant users would still have landed at the Federal Criminal Police Office.
The obligation to notify is to come into force on February 1, 2022. The NetzDG already applies in Germany. Actually, all of these things should be regulated in the EU’s Digital Services Act – but because the federal government wanted to act quickly here, they have now introduced their own rules. Most EU countries still act according to the principle of origin. The rules from Ireland therefore apply to YouTube – regardless of where the user is domiciled. However, it has not yet been determined when a decision by the Cologne Administrative Court can be expected.
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