As a general rule, providers of Internet access services must not block, slow down, modify, restrict, interfere with, degrade or discriminate against specific content, applications, services or categories thereof, although the Net Neutrality Regulation also provides for exceptions to this principle. Thus, the enumerated measures may be taken to the extent and for as long as they are necessary to comply with Union or national legislative acts and their implementing measures.
Legal basis: § 81 (1a) UrhG
In the field of copyright law § 81 (1a) of the Copyright Act (UrhG) contains a special provision according to which providers of Internet access services can also be obliged to cease and desist from providing access to structurally infringing websites, provided they have previously been duly warned by a rights holder. A structurally infringing website is one on which exclusive rights within the meaning of the Copyright Act (UrhG) are infringed not only in individual cases, but systematically and regularly. This is also the case, for example, if website operators contribute to the mass procurement of illegal reproductions of works by making indexed BitTorrent files available to users to make it easier to find desired titles.
Even if claims for injunctive relief under copyright law are in principle to be decided by ordinary courts, the regulatory authority is responsible for checking whether the implementation of the traffic management measures taken for this purpose in the form of access blocks is compatible with the TSM Regulation. If such traffic management measures are taken by providers of internet access services after a warning has been issued by the rights holders and without a corresponding court decision, it is also necessary to review the existence of the exception regulated in Art. 3(3)(a) of the TSM Regulation.
Legal basis: Consumer Protection Cooperation Act
In the area of consumer protection, the consumer protection cooperation act (VBKG) implementing Regulation (EU) 2017/2394 (Consumer protection cooperation regulation, VBKVO) provides that in order to enforce consumer rights, if no other effective means are left to prevent the risk of serious harm to the collective interests of consumers, various measures may be ordered to block, remove and restrict such content
Pursuant to Art. 7b VBKG, the Telekom-Control Commission can be called upon to order such measures in accordance with Art. 9 (4) (g) VBKVO due to an infringement under the consumer protection corporation act, which the providers of Internet access services, hosting services pursuant to Art. 16 of the E-Commerce Act, caching services, search engines or domain name registrars must take. For this purpose, the authority responsible for enforcing the VBKG may submit an application to the Telekom-Control Commission as the other authority pursuant to Art. 10 Par. 1 lit. b VBKVO. When ordering measures, the Telekom-Control Commission shall take into account the principle of proportionality pursuant to Art. 5 VBKG.
Taking privacy into account, all measures have to be published.