§ 22 TDDDG

(1)Any person who provides digital services on a commercial basis, participates therein, or mediates access to the use thereof may use the inventory data in accordance with this provision to fulfil obligations to provide information to the authorities referred to in paragraph 3. This does not apply to passwords or other data by means of which access to terminal equipment or to storage facilities used in or separately from such terminal equipment is protected. The inventory data to be included in the information may also be determined on the basis of an Internet Protocol address assigned at a specific point in time; for this purpose, usage data may also be evaluated in an automated manner. All internal data sources of the undertaking must be taken into account for the provision of information.

(2)Information may only be provided in accordance with the following paragraphs and insofar as the authority requesting the information so requests in the individual case, citing a statutory provision that permits it to collect the data referred to in paragraph 1. The request for information must be made in writing or electronically. In the event of imminent danger, information may also be provided where the request is made in another form. In such a case, the request must be confirmed in writing or electronically without delay after the fact. Responsibility for the permissibility of the information lies with the authorities requesting the information.

(3)Information under paragraph 1 sentence 1 may only be provided to 1 the authorities competent for the prosecution of criminal offences and administrative offences, insofar as there are sufficient actual indications for a criminal offence or an administrative offence that carries a maximum fine of more than fifteen thousand euros for a natural person and the data to be included in the information are necessary to investigate the facts, to determine the whereabouts of an accused or affected person, or to enforce a sentence,; 2 the authorities competent for the prevention of threats to public safety or order, insofar as the data to be included in the information are necessary in the individual case

a)to prevent a threat to public safety, or;

b)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, where facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or;

c)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, where the individual conduct of a person gives rise to a concrete probability that the person will commit a criminal offence directed against such a legal interest within a foreseeable period, or;

d)to prevent a criminal offence of considerable significance, provided that facts justify the assumption that a person will, within a foreseeable period, be involved as a perpetrator or accomplice in the commission of an offence in a manner specified in terms of its nature, or;

e)to prevent a serious criminal offence within the meaning of Section 100a(2) of the Code of Criminal Procedure, provided that the individual conduct of a person gives rise to a concrete probability that the person will commit the offence within a foreseeable period,; 3 the Federal Criminal Police Office as a central office under Section 2 of the Federal Criminal Police Office Act, provided that

a)there are sufficient actual indications for a criminal offence within the meaning of Section 2(1) of the Federal Criminal Police Office Act and the data to be included in the information are necessary to aa) determine the competent criminal prosecution authority, or; bb) process a request for information from a foreign criminal prosecution authority in the framework of international police service traffic processed in accordance with the provisions on international legal assistance in criminal matters, or;

b)the data to be included in the information are necessary in the framework of the enforcement of sentences to process a request for information from a foreign criminal prosecution authority in the framework of police service traffic processed in accordance with the provisions on international legal assistance in criminal matters, or;

c)there is a risk that a person will be involved in the commission of a criminal offence within the meaning of Section 2(1) of the Federal Criminal Police Office Act and the data to be included in the information are necessary to aa) determine the police authority competent for the prevention of the criminal offence, or; bb) process a request for information from a foreign police authority in the framework of police service traffic for the prevention of the criminal offence, or;

d)facts justify the assumption that a person will, within a foreseeable period, be involved in a criminal offence of considerable significance in a manner at least specified in terms of its nature, and the data to be included in the information are necessary to aa) determine the police authority competent for the prevention of the criminal offence, or; bb) process a request for information from a foreign police authority in the framework of police service traffic for the prevention of the criminal offence, or;

e)the individual conduct of a person gives rise to a concrete probability that the person will commit a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure within a foreseeable period, and the data to be included in the information are necessary to aa) determine the police authority competent for the prevention of the criminal offence, or; bb) process a request for information from a foreign police authority in the framework of police service traffic for the prevention of the criminal offence,; 4 the Customs Criminal Investigation Office as a central office under Section 3 of the Customs Investigation Service Act, provided that

a)in the individual case there are sufficient actual indications for a criminal offence and the data to be included in the information are necessary to aa) determine the competent criminal prosecution authority, or; bb) process a request for information from a foreign criminal prosecution authority in the framework of international police service traffic processed in accordance with the provisions on international legal assistance in criminal matters, including in the framework of the enforcement of sentences, or;

b)this is necessary in the individual case aa) to prevent a threat to public safety, or; bb) to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, where facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or; cc) to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, where the individual conduct of a person gives rise to a concrete probability that the endangerment of such a legal interest will occur within a foreseeable period, or; dd) to process a request for information from a foreign police authority in the framework of police service traffic for the prevention of a criminal offence, or; ee) to prevent a criminal offence of considerable significance, provided that facts justify the assumption that a person will, within a foreseeable period, be involved as a perpetrator or accomplice in the commission of the offence in a manner specified in terms of its nature, or; ff) to prevent a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure, provided that the individual conduct of a person gives rise to a concrete probability that the person will commit the offence within a foreseeable period,; 5 the customs authorities and the authorities competent under Land law, provided that, in the individual case, in the case of publication of offers or advertising measures without indication of name and address, there are actual indications of undeclared work or illegal employment under Section 1 of the Act to Combat Undeclared Work and Illegal Employment and the data to be included in the information are necessary to identify the client in order to uncover undeclared work or illegal employment,; 6 the domestic intelligence agencies of the Federation and the Laender, insofar as this is necessary on the basis of actual indications in the individual case for the clarification of specific endeavours or activities under

a)Section 3(1) of the Federal Constitutional Protection Act, or;

b)an observation mandate of the Land authority established under Land law for the protection of the constitution (Section 1(1) of the Federal Constitutional Protection Act), in particular for the protection of the constitutional order against endeavours and activities of organised crime,; 7 the Military Counter-Intelligence Service, insofar as this is necessary on the basis of actual indications in the individual case for the performance of duties under Section 2(1), (4), or (5) of the MAD Act,; 8 the Federal Intelligence Service, insofar as this is necessary

a)for the political briefing of the Federal Government, where in the individual case there are actual indications that information about foreign countries can be obtained through the information that is of foreign and security policy significance for the Federal Republic of Germany and for the clarification of which the Federal Chancellery has instructed the Federal Intelligence Service, or;

b)for the early detection of threats from abroad of international significance, where in the individual case there are actual indications that information can be obtained through the information relating to the areas of danger referred to in Section 4(3) No. 1 of the BND Act or for the protection of the legal interests referred to in Section 4(3) Nos. 2 and 3 of the BND Act.

(4)Information under paragraph 1 sentence 3 may only be provided to 1 the authorities competent for the prosecution of criminal offences, insofar as there are sufficient actual indications for a criminal offence and the data to be included in the information are necessary to investigate the facts, to determine the whereabouts of an accused person, or to enforce a sentence,; 2 the authorities competent for the prevention of threats to public safety or order, where the data to be included in the information are necessary in the individual case

a)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, or to prevent a criminal offence, or;

b)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, and property of not insignificant value, where facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or;

d)to prevent a serious criminal offence within the meaning of Section 100a(2) of the Code of Criminal Procedure, provided that facts justify the assumption that a person will, within a foreseeable period, be involved as a perpetrator or accomplice in the commission of an offence in a manner specified in terms of its nature, or;

d)facts justify the assumption that a person will, within a foreseeable period, be involved in a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure in a manner at least specified in terms of its nature, and the data to be included in the information are necessary to aa) determine the police authority competent for the prevention of the criminal offence, or; bb) process a request for information from a foreign police authority in the framework of police service traffic for the prevention of the criminal offence, or;

b)this is necessary in the individual case aa) to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, or to prevent a criminal offence, or; bb) to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, where facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or; cc) to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, where the individual conduct of a person gives rise to a concrete probability that the endangerment of such a legal interest will occur within a foreseeable period, or; dd) to process a request for information from a foreign police authority in the framework of police service traffic for the prevention of a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure, or; ee) to prevent a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure, provided that facts justify the assumption that a person will, within a foreseeable period, be involved as a perpetrator or accomplice in the commission of the offence in a manner specified in terms of its nature, or; ff) to prevent a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure, provided that the individual conduct of a person gives rise to a concrete probability that the person will commit the offence within a foreseeable period,; 5 the customs authorities and the authorities competent under Land law to prevent a criminal offence under Sections 10, 10a, or 11 of the Act to Combat Undeclared Work and Illegal Employment or Section 266a of the Criminal Code,; 6 the domestic intelligence agencies of the Federation and the Laender, insofar as this is necessary on the basis of actual indications in the individual case for the clarification of specific endeavours or activities under

a)Section 3(1) of the Federal Constitutional Protection Act, or;

(5)Any person who provides digital services on a commercial basis, participates therein, or mediates access to the use thereof must transmit the data to be disclosed without delay and in full. Any encryption of the data shall remain unaffected. The obliged persons must maintain confidentiality vis-a-vis the data subjects and third parties regarding the request for information and the provision of information.

(6)Any person who provides digital services on a commercial basis or participates therein must take the measures necessary for the provision of information within his or her area of responsibility at his or her own expense. Every request for information must be reviewed by a responsible specialist for compliance with the formal requirements referred to in paragraph 2. Further processing of the request for information may only be released after a positive review result.

Information Procedure for Inventory Data