Enforcement of the Law in Social Networks

Naming a person authorised to receive service in the Federal Republic of Germany

Social network providers whose headquarters are not – de facto or de jure – located in a Member State of the European Union in accordance with Sec. 2 of the German Digital Services Act are obliged to name a person authorised to receive service in the Federal Republic of Germany (Sec. 5 Network Enforcement Act (Netzwerkdurchsetzungsgesetz – NetzDG)).

Such person may be served with documents in court proceedings conducted before German courts for the dissemination of unlawful content or for the unjustified assumption that unlawful content has been disseminated in social networks.

This applies, in particular, to cases where the reinstatement of deleted or blocked content is sought. This, however, also applies to the service of documents initiating such proceedings, to the service of final court decisions, and to the service of documents in enforcement proceedings for civil or administrative cases.

Alongside their obligation to name a person in the Federal Republic of Germany authorised to receive service on their behalf, the aforementioned providers must also ensure that this person’s details are easily recognisable and directly accessible on their platform.

The Federal Office of Justice, in its capacity as supervisory and regulatory fining authority, monitors compliance with the obligation incumbent upon social network providers to name a person authorised to receive service. Violations of this obligation can, under Sec. 4 of the Network Enforcement Act, incur a fine of up to five million euros.

Contact details

Federal Office of Justice (Bundesamt für Justiz)
Network Enforcement Act (Netzwerkdurchsetzungsgesetz – NetzDG)
53094 Bonn
Germany

Phone: +49 (0) 228 99 410 40
Fax: +49 (0) 228 410 5050

E-mail address: NetzDG_VIII@bfj.bund.de

Note: In May 2024, Germany’s national legislation was adjusted to accommodate Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (Digital Services Act – DSA), the EU-wide legal framework for digital services such as online platforms and search engines. At the same time, large parts of the Network Enforcement Act were repealed.

The Bundesnetzagentur (Federal Network Agency) was named Digital Services Coordinator (DSC) and tasked with enforcing the European Digital Services Act (DSA) in Germany. It monitors online services' compliance with the new rules of the DSA.

Users can report DSA violations via a complaints portal managed by the DSC. Potential reasons for submitting complaints can be issues encountered when reporting illicit content, as well as issues pertaining to the restriction of accounts and content hosted by online services.

Further information about the DSA can be found on the European Commission and Federal Network Agency websites.

Other topics

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The Federal Office of Justice, the Federal Central Register. It is divided into the Central Register and the Education Register. The Register final decisions of criminal courts as well as certain decisions of the courts and of administrative guardianship authorities and - registered foreign criminal convictions against German or against foreigners living in Germany - after a comparative review. In addition, search warrants shall be included in the register.

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The Federal Office of Justice is in charge of a diverse range of tasks in the area of international family law. As Germany’s Central Authority in matters of international law governing parent-child relationships, it offers practical help in cross-border legal conflicts. The assistance offered includes support in making maintenance claims across borders, as well as help in cross-border child abduction cases and with international adoption.

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The Federal Office of Justice provides support to the Federal Ministry of Justice in implementing (legal) research projects. Uses for legal research findings include helping to evaluate whether or not legislative acts have achieved their stated aims. The Federal Office of Justice also assists the Federal Ministry of Justice in the field of crime prevention and criminology by coordinating and managing the supported or initiated projects and research. It also performs central tasks in terms of the training of legal practitioners, on both a national and a European level.

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The Federal Office of Justice functions as the central contact point and liaison body with its counterparts in other countries in civil, commercial and administrative matters, as well as in matters of criminal law. Mutual legal assistance is defined as any kind of assistance provided by courts or public authorities in legal matters to ensure that German proceedings conducted abroad or foreign proceedings conducted in Germany run as smoothly as possible. When performing tasks in the field of international mutual legal assistance, the Federal Office of Justice works in very close cooperation with the Federal Foreign Office, the Federal Ministry of Justice, the judicial administrations of the Länder, and with central authorities in other countries.

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