Authorization

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An authorization (from the Latin auctorare , “guarantee, affirm, confirm” ) is, in the broadest sense, consent or permission , more specifically the granting of rights to interested legal subjects , possibly as a right of use to third parties .

General

The authorization overcomes mechanisms for securing against unauthorized persons. Authorization does not remove any protection; it may only apply to a limited extent in one context and / or mode . It makes sense that authorization does not take place without prior successful authentication .

Authorization in computer networks

In information technology , authorization refers to the initial assignment and the repeated introductory checking of access rights using special methods with regard to interested system users for data and services .

The two most common special cases are:

Authorization in payment transactions

In payment services law, authorization is understood as the consent of the payer who is obliged to pay for a payment transaction. To this end, Section 675j, Paragraph 1 of the German Civil Code ( BGB) stipulates that the payment process is only effective for the payer with authorization. In the case of unauthorized payments, the bank has no claim for damages against the payer ( Section 675u BGB). The direct debit mandated direct debit (SEPA core direct debit) is not an authorized payment transaction until it is approved by the payer; the debit order (SEPA business-to-business direct debit ) is an authorized one. In the special conditions for the direct debit authorization it is made clear that the payer does not authorize the payment process in advance by granting the authorization; the (subsequent) authorization depends on the issuing of the approval to the paying agent . Even according to the new General Terms and Conditions for Banks that came into effect on July 9, 2012, direct debit authorizations are not considered to have been authorized in advance. In the absence of prior authorization for the payment transaction, the direct debit authorization procedure in its current legal form does not fall within the scope of Section 675x BGB. The process of approving an EC or credit card payment by the cardholder's credit institute also falls under the authorization. Payment card payments as part of the electronic direct debit procedure are no longer permitted since February 1, 2016. Among other things, it was checked whether the card is valid and whether the card limit is still sufficient for the intended transaction. If the authorization was successful, the seller was certain that the customer's bank or credit card account could be debited with the authorized amount. Authorization was usually done online.

Recall / Revocation

The recall / revocation of a transfer by the client is no longer possible, apart from extreme exceptional cases ( Section 675p Paragraph 1 BGB). Within a recall period of 10 TARGET days after execution, only three reasons for recall are accepted, namely double execution, incorrect transfer due to technical problems and transfers caused by fraud . It is up to the recipient bank to decide whether to transfer the transfer amount back. Any other revocation of the transfer is practically almost impossible, since the transfer amount must not yet be credited to the recipient's account in the case of domestic transfers and the very short execution period of only 1 day stands against this. According to the prevailing opinion, a revocation is only possible until the credit has been made on the account of the recipient's bank, i.e. this bank has achieved cover . In the case of house transfers (client and recipient have accounts at the same bank), a revocation is therefore only possible up to the account debit of the client. Since the debtor cannot determine the amount or the time of payment in the direct debit procedure, his account-keeping paying agent grants him a right of revocation. The revocation is finally regulated in Section 675j (2) sentence 1, Section 675p BGB, provided that at least one consumer is involved (SEPA core direct debit). According to the unambiguous wording, § 675x BGB gives the debtor an independent claim that does not omit the authorization of the payment transaction. In the same way, § 675p (4) sentence 1 BGB does not give the option of extending the deadline for revoking the payment order through a contractual agreement between the debtor and debtor bank in the case of direct debits . If the payer refuses approval by contradicting the debit entry, the paying agent must correct this debit ( cancellation ). If the objection is made within six weeks after the debit entry, the paying agent can return the direct debit in an interbank relationship (Section III No. 1 and 2 of the direct debit agreement); the collection agency then debits the creditor's account with the amount previously credited, including return debit fees. In the case of company direct debits , the right of revocation under Section 675j (2) BGB in conjunction with Section 675e (4) BGB can be excluded, with the result that a direct debit debited from the payer's account is not possible despite authorization. Claims by the debtor against the payee can generally be made within three years ( limitation period ; § 195 BGB).

Authorization in business

Companies that cooperate in an economic context can give this corporate relationship a formal framework for their customers or other companies by designating themselves as authorized partners or authorized sales partners . The basis for this is usually a concession or license . The term “ authorized sales partner” is used particularly frequently , whereby standards, e.g. B. should be documented in product quality , control and training . Generally applicable details are regulated , for example, in commercial law for the commercial agent .

Authorization for works in writing, images and sound

By authorization, the author of a work (e.g. a novel or a symphony) recognizes a certain version as the final version (“authorized version”) if several are available.

The authorization of a work is the permission of the rights holder for a specific exploitation, often in the event of a change of media (e.g. "the book about the film" or vice versa). In particular, if there are several competing exploitations, this can be interpreted as confirmation that the content is reproduced authentically or is intended to express another quality feature and is ultimately part of the marketing (“the official version”).

The authorization of an interview means the subsequent consent of the interviewee to a written version of the conversation and its publication. For example, authorization according to the guidelines for authorizing interviews of the German Association of Journalists (DJV) aims at factual correctness, preservation of meaning and linguistic clarity. No further changes, particularly in terms of content, should be made. If the interviewee nevertheless makes such changes on a smaller scale, from the DJV's point of view it is harmless if the interviewer publishes these changes and the details of the authorization process transparently. The authorization of interviews is not required by law, not even in the current version of the German Press Code , but it has become common practice in German-speaking countries. Authorization is not customary abroad, especially in English-language journalism.

In the case of a biography , authorization also means the consent of the person described or, if applicable, their heirs or descendants to the content and publication of the biography. In contrast to the exploitation of rights, an unauthorized biography does not mean any proximity to illegality, as their consent is usually not required.

Authorizations make no statement about the loyalty of works, just as an authorized interview does not reflect the actual course of the conversation. Rather, this merely documents the protection of the interests of the authorizing party. Especially in the case of biographies, an unauthorized variant can sometimes paint a more objective picture, although on the other hand, sales interests can come too much into the foreground here.

See also

Web links

Wiktionary: Authorization  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ Karl Ernst Georges : Comprehensive Latin-German concise dictionary . 8th, improved and increased edition. Hahnsche Buchhandlung, Hanover 1918 ( zeno.org [accessed on July 23, 2019] In the dictionary, as usual in Latin, the first person singular indicative present active Latin auctoro is given.).
  2. ↑ BGH, judgment of July 20, 2010, Az .: XI ZR 236/07, No. 43
  3. ↑ FAQ transfers . Website comdirect.de. Retrieved March 7, 2012
  4. ↑ BGHZ 170, 121, 123
  5. ↑ Anthony Jonetzki, legal framework of innovative payment systems for the Internet , 2010, p 90
  6. ↑ BGH, judgment of July 20, 2010, No. 25
  7. ↑ BGHZ 177, 69, paragraph 14
  8. ↑ a b c Refugee crisis Petry deletes statement on the use of weapons Interview . In: Frankfurter Allgemeine Zeitung . February 5, 2016, ISSN  0174-4909 ( faz.net [accessed February 5, 2016]).
  9. ↑ Guidelines for Interview Authorization. (No longer available online.) In: www.journalist.de. Federal Executive Board of the German Association of Journalists (DJV)., Archived from the original on February 5, 2016 ; accessed on February 5, 2016 .
  10. ^ Ian Traynor: US campaigns seeking quote approval should beware German control. Published on July 16, 2012 on https://www.theguardian.com/world/2012/jul/16/us-campaigns-quote-approval-germany See: “On Monday, the New York Times lifted the lid on how American politicians, in particular the Obama campaign, are increasingly demanding quote approval as a condition of giving reporters access to key players. "