Currently many users are concerned about how safe their personal data are in messenger and video services. Should legislators and authorities ensure the possibility for users to easily communicate with each other while using the services of different providers?

As part of its sector inquiry into messenger and video services the Bundeskartellamt has today published its interim report entitled “Sector overview and general attitude toward interoperability”.

Andreas Mundt, President of the Bundeskartellamt: “Messenger and video services have enjoyed a further enormous boom during the pandemic. At the same time many consumers are concerned about the security and protection of their personal data. We are examining whether and to what extent data breaches and violations of consumer rights exist. We are also exploring what specific effects would arise if it were possible for users to easily communicate with each other while using different services, that is if the often called for interoperability were provided.”

The Bundeskartellamt’s interim report offers a first overview of the conditions in the sector and the various groups of providers, functions and business models. The report also outlines the results of a survey in which more than 40 different service providers participated and gave their views on interoperability, and provides a first legal, technical and scientific assessment of the information collected. It is intended to present a final report including concrete recommendations in the coming year.

Within the framework of its existing cooperation with the Federal Office for Information Security (BSI), the Bundeskartellamt consulted experts on technical details and security issues relating to messenger and video services. The BSI has today published a related report on the operating principles, safety requirements and security features of the latest messenger services (available at the BSI’s website).

Andreas Mundt: “When discussing statutory or official measures, it has to be borne in mind that the sector is very diverse. In addition to the large established services there are numerous other providers with different business models and functions. The topic of interoperability itself is also multi-faceted. On the one hand, interoperability could provide a solution for challenging the automatism of large services attracting more and more users. But can better accessibility between the services also increase the incentives for the providers to offer a higher level of data protection? On the other hand one would have to contend with technical obstacles and the standardisation which might become necessary. However, this could in turn act as a brake for innovations and competition. We have to find the right balance for the future.”

The Bundeskartellamt launched the sector inquiry into messenger and video services in November 2020. The interim report deals in particular with the results of a detailed survey of more than 40 services available in Germany, numerous expert discussions and the evaluation of various studies.

The full interim report is available here (in German only).

The sector inquiry into messenger and video services is already the fifth inquiry conducted by the Bundeskartellamt in the area of consumer protection, for which the authority has been responsible since 2017. The other inquiries, which have already been concluded, dealt with comparison websites (2019), user reviews (2020), smart TVs (2020) and mobile apps (2021). The final reports on these sector inquiries as well as further information and publications by the Bundeskartellamt on its activities in the area of consumer protection can be found (some only in German) on the Bundeskartellamt’s website.

In the area of consumer protection the Bundeskartellamt can carry out sector inquiries to identify possible violations of consumer law or shortcomings in its enforcement. The authority does not, however, have the power to officially order market players to cease and desist with the uncovered violations of law, a power which it may exercise under competition law (see press release of 12 June 2017).

For more information on the existing cooperation with the BSI, please refer to the press release of 22 January 2021.