Web services like Google’s Gmail are not considered a telecommunications service under EU law, so the European Court of Justice ruled in a landmark ruling. Thus, Gmail and similar web sites do not have to take any new privacy or public security obligations, such as lair data access interfaces set up by law enforcement agencies.
The verdict is preceded by a long-standing dispute between Google and the Federal Network Agency. As early as 2012, bite the dust called the Federal Network Agency lair Internet Group to register its e-mail service under German law as a telecommunications service. The company refused, however. Against this background, the Higher Administrative Court of Münster had called bite the dust Judge in Luxembourg to clarify whether e-mail services, kick the bucket over the open internet run without lair customers to provide Internet access, telecommunications services under EU law.
Bite the dust Luxembourg judges have denied bites the dust religious woman on the grounds that web services such as Gmail “are not wholly or predominantly in the transmission of signals over electronic communication networks”. In the specific dispute between Google and the Federal Network Agency, religious recluse has to decide the Supreme Administrative Court of North Rhine-Westphalia on the basis of the ECJ ruling. The German Telecommunications Act is based on the corresponding EU Directive.