|Title:||Law on the use
|Short title:||Teleservices Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Commercial administrative law|
|References :||9020-6 aF|
|Issued on:||July 22, 1997
( Federal Law Gazette I, p. 1870 )
|Entry into force on:||August 1, 1997|
|Last change by:||
Art. 12 para. 15 G of
November 10, 2006
( BGBl. I pp. 2553, 2585 )
|Effective date of the
|January 1, 2007
(Art. 13 (2) G of
November 10, 2006)
|Expiry:||March 1, 2007
(Art. 5 G of February 26, 2007,
Federal Law Gazette I pp. 179, 185 )
|Please note the note on the applicable legal version.|
The law on the use of teleservices ( Teledienstegesetz or TDG for short ) was a law of the Federal Republic of Germany that expired in 2007. It was intended to create uniform economic framework conditions for the various possible uses of electronic information and communication services and thus - together with the State Treaty on Media Services of the Federal States - to legally understand the development of the Internet since the early 1990s.
The Teleservices Act was promulgated as Article 1 of the Information and Communication Services Act of July 22, 1997 and came into force on August 1, 1997. Legislative competence was disputed between the federal and state governments. The Teledienstegesetz therefore partly contained regulations parallel to the State Treaty on media services of the federal states, which made its application difficult.
In 2000, 2001 and 2006 the Teleservices Act was amended three times. Another legislative initiative to amend the TDG (so-called anti-spam law ) from 2005 failed, however, and fell victim to the principle of discontinuity . This legislative initiative was controversial in public.
The TDG was repealed by Art. 5 Clause 2 of the Electronic Commerce Act with the entry into force of the Ninth Interstate Broadcasting Treaty with effect from March 1, 2007. Succession regulations can be found in the Telemedia Act .
The Teleservices Act applied only to teleservices , not for media services within the meaning of the State Treaty on media services, not for broadcasting within the meaning of Broadcasting Treaty and not for telecommunications services within the meaning of the Telecommunications Act . Press law provisions remained unaffected (cf. § 2 Paragraph 4, 5 TDG).
The main contents of the TDG were:
- Freedom of approval and registration of teleservices (§ 5 TDG)
- Information obligations of service providers (§§ 7, 8 TDG)
- Regulations on the liability of service providers (§§ 8–11 TDG)
- Gerald Spindler , Peter Schmitz, Ivo Geis: TDG - Teledienstegesetz, Teledienstedatenschutzgesetz, Signature Act. Commentary , CH Beck, Munich 2004. ISBN 3406495486
- 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, Teledienstegesetz and Teledienstedatenschutzgesetz , Vahlen, Munich 1999 ISBN 3-8006-2387-0
Regarding the scope of the TDG:
- Martin Bullinger , Ernst-Joachim Mestmäcker : Multimedia services , Nomos, 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 , Peter Lang, Frankfurt a. M. et al. 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 , Nomos, Baden-Baden 2000. ISBN 3-7890-6954-X
Regarding liability according to the TDG:
- Stefan Freytag: Liability on the Net . Information and Law Series, Volume 1, ed. by Thomas Hoeren u. a., CH Beck, Munich 1999 ISBN 3-406-45409-7
- Christian Volkmann: The disruptor on the Internet . Information and Law Series, Volume 54, ed. by Thomas Hoeren u. a., CH Beck, Munich 2005. ISBN 3-406-53077-X
- See Art. 11 of the Information and Communication Services Act of July 22, 1997 ( BGBl. 1997 I p. 1870 ).
- See the report by Martin Bullinger, Ernst-Joachim Mestmäcker: Multimediadienste, on behalf of the Federal Ministry of Research . Baden-Baden 1997.
- Amendment June 27, 2000 ( Federal Law Gazette I p. 897 ), December 14, 2001 ( Federal Law Gazette I p. 3721 ) and November 10, 2006 ( Federal Law Gazette I p. 2553 ).
- Draft of a second law to amend the Teleservices Act (Anti-Spam Act) (PDF; 404 kB).
- See e.g. B. the message on heise online from February 25, 2005 .
- Law for the standardization of regulations on certain electronic information and communication services (Electronic Business Transaction Unification Act - ElGVG) of February 26, 2007: Federal Law Gazette I p. 179
- see there Art. 9 Paragraph 2: published in the Law and Ordinance Gazette for the State of Brandenburg Part I - No. 2 of January 11, 2007, page 26 ff. - (PDF, 196 kByte) ( Memento of the original from 8. February 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- See also confirmatory announcement in the Federal Law Gazette : BGBl. I p. 251
- For the details of the regulations see z. B. the commentary of the TDG i. d. F. of the Amendment Act v. December 14, 2001 in Gerald Spindler, Peter Schmitz, Ivo Geis: TDG - Teledienstegesetz, Teledienstedatenschutzgesetz, Signaturegesetz. Comment. Munich 2004