Teleservice

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Teleservice is a legal term from the earlier Teleservices Act . Since March 1, 2007, the more comprehensive legal term telemedia has been used in the Telemedia Act instead.

Legal regulation

The Teledienstegesetz regulated among other things questions of the information obligations (§§ 7, 8 TDG) and the liability (§§ 8-11 TDG) of service providers in the Internet. Its scope was opened when a teleservice was available (§ 2 TDG). According to § 2 paragraph 1 TDG, this legal term denotes

  • all electronic information and communication services,
  • which were intended for the individual use of combinable data such as characters, images or sounds and
  • which were based on a transmission via telecommunications.

Section 2 (2) TDG defined several examples . Teleservices were after that among other things

  • Offers for individual communication (e.g. online banking, e-mail)
  • Offers for information or communication, as long as the editorial design for forming an opinion for the general public was not in the foreground (e.g. stock tickers, weather or traffic data, online catalogs)
  • Offers for using the Internet ( access provider )
  • Offers for the use of video games
  • Offers of goods or services in electronically retrievable databases with interactive access and direct ordering options (online shops)

Demarcation issues

From a legal perspective , the scope and limits of the term teleservice were controversial. In the specialist literature, different views were represented , especially for the distinction to the media services according to the State Treaty on Media Services .

Teleservices Act and State Treaty on Media Services expired on March 1, 2007. The terms teleservice and media service have since been incorporated into the broader term telemedia in the Telemedia Act. The earlier criteria for demarcation between teleservices and media services are still partly used in the specialist literature to determine those telemedia for which the special requirements in the Telemedia section of the State Treaty on Broadcasting and Telemedia (Sections 54 - 61 RStV) must be observed.

literature

  • Klaus Beucher, Ludwig Leyendecker, Oliver von Rosenberg: Media laws. Broadcasting - media services - teleservices. Commentary on the State Treaty on Broadcasting, State Treaty on Media Services, Teleservices Act and Teleservices Data Protection Act . Munich 1999. ISBN 3-8006-2387-0
  • Martin Bullinger , Ernst-Joachim Mestmäcker : Multimedia services . Baden-Baden 1997. ISBN 3-7890-4633-7
  • Wolfgang Lent: radio, media, teleservices . Studies on German and European Media Law, Volume 6, ed. by Dieter Dörr . Frankfurt a. M. 2001. ISBN 3-631-36960-3
  • Urban Pappi: teleservices, media services and broadcasting . Series of publications of the Archives for Copyright and Media Law (UFITA), Volume 182, ed. by Manfred Rehbinder . Baden-Baden 2000. ISBN 3-7890-6954-X
  • Gerald Spindler , Peter Schmitz, Ivo Geis: TDG - Teledienstegesetz, Teledienstedatenschutzgesetz, Signature Act. Comment . Munich 2004. ISBN 3406495486

Individual evidence

  1. ↑ See e.g. B. Gerald Spindler , Peter Schmitz, Ivo Geis: TDG - Teledienstegesetz, Teledienstedatenschutzgesetz, Signature Act. Comment . Munich 2004, § 2 TDG margin number 1ff. mwNachw .; Klaus Beucher, Ludwig Leyendecker, Oliver von Rosenberg: Media laws. Broadcasting - media services - teleservices. Commentary on the State Treaty on Broadcasting, State Treaty on Media Services, Teleservices Act and Teleservices Data Protection Act . Munich 1999, § 2 TDG Rn.1ff. mwNew. Wolfgang Lent: radio, media, teleservices . Frankfurt a. M. 2001, pp. 166–175 mwNachw., Urban Pappi: Teledienste, Mediendienste und Rundfunk . Baden-Baden 2000, pp. 150–167 with further references.
  2. ↑ See e.g. B. Gerald Spindler, Fabian Schuster: Law of the electronic media . Munich 2008, § 1 TMG marginal number 3, 38f. mwNew.