TMT Newsletter | August 2025

Outlook

On 03.09.2025, the EGC will rule on Zalando's lawsuit against the designation as a very large online platform (T-348/23). On the same day, the EGC will rule, i.a., on the requirements for informed users within the meaning of Art. 10 of Regulation (EC) No. 6/2002 (C-211/24). On 04.09.2025 AG Szpunar will publish the opinion on a communication to the public under Art. 3 of Directive 2001/29/EC in retirement homes (C-127/24), the scope of the press exemption under Art. 85 GDPR (C-199/24) and the existence of data processing within one and the same authority (C-312/24). Also on the same day, AG de la Tour will publish the opinion on the interaction between complaints to a supervisory authority under Art. 77 GDPR and the lodging of a judicial remedy under Art. 79 GDPR (C-414/24). On 10.09.2025, the EGC will rule on separate actions brought by Meta (T-55/24) and by TikTok (T-58/24) challenging the respective EUCOM decision on the DSA supervisory fees pursuant to Art. 43 DSA. On 18.09.2025 AG Szpunar will publish the opinion on abusive requests for information under the GDPR, i.a. (C-526/24).

CJEU-GA – Use of body-cams falls within the scope of Art. 13 GDPR

Whether the controller must provide the information at the time when personal data are obtained (Art. 13(1) GDPR) or thereafter within the time limit (Art. 14(3) GDPR), as well as which exceptions apply, depends on whether the recordings constitute direct (Art. 13) or indirect (Art. 14 GDPR) data collection. According to AG Medina, the decisive factor is not the knowledge or active participation of the data subject, but rather the immediacy of the data source. Art. 14 GDPR only applies to external data sources (C-422/24).

EUCOM – Preliminary findings of a DSA violation by TEMU

In October 2024, EUCOM initiated formal proceedings against the online marketplace to verify its compliance with the DSA. The investigation focuses, i.a., on the sale of illegal products and potentially addictive designs. Most recently, EUCOM provisionally found that systematic risks posed by illegal products were not being adequately assessed (violation of Art. 34 DSA) (press release of 28.07.25).

EUCOM – European Media Freedom Act (EMFA) enters into application

The EMFA aims to strengthen editorial independence and media pluralism throughout the EU. Against this backdrop, member states will be required to provide adequate and predictable funding for public service media, as well as prevent the unjustified removal of professional content by Very Large Online Platforms (VLOPs). The newly established European Board for Media Services will ensure these rules are applied uniformly. The EMFA entered into effect on 05.08.2025 (press release of 8.8.25).

EUCOM – AI Act: Support for GPAI providers

EUCOM published two supplementary documents: guidelines on the scope of GPAI regulations and a template for summarizing the data used to train models. The guidelines define GPAI models as those that have been trained with over 10²³ FLOP and can generate language. Additionally, the EUCOM and the Member States adopted a code of conduct. Compliance with the code is voluntary and indicates compliance with the AI Act (press release of 1.8.25).

Federal Government – New IT security law for greater cybersecurity

The government draft implements the NIS-2-Directive. It continues to provide for far more grounds for fines than required by EU law (draft from 25.7.25).

Federal Cartel Office - Acquisition of "Gala," "Brigitte," and "Eltern" by FUNKE media group approved

According to the Federal Cartel Office, there is still sufficient competition in the women's magazine market. This also applies to smaller markets, such as yellow press and high-quality women's magazines. However, the deciding factor for approval was that the advertising would not be outsourced (press release of 20.8.2025).

Federal Constitutional Court – public broadcasters's constitutional complaint rejected

The public broadcaster lodged a constitutional complaint before the Federal Constitutional Court, claiming that the rbb State Treaty infringes the fundamental right to freedom of the press (Article 5(1) sentence 2 of the Basic Law). However, the complaint is unfounded. The provisions comply with the constitutional requirements of independence from the state, program autonomy, and functionality. Especially, state legislators are acting within the scope of their broad discretion (1 BvR 2578/24).

Federal Court of Justice - Ad blockers may infringe copyright

In principle, the use of an ad blocker may infringe upon the right to adaptation under Section 69c No. 2 UrhG. The Federal Court of Justice referred the case back to the Higher Regional Court to determine the object of protection and the characteristics justifying protection, and to clarify whether the browser byte code or the object code generated from it is protected as a computer program under Section 69a UrhG (I ZR 131/23).

Federal Court of Justice - Copyright admissibility of "cheat software"

Source and object codes enable the reproduction or creation of a program and are thus protected forms of expression under Section 69a(1) UrhG. Since "cheat software" only modifies the variable data stored in working memory and not the source or object code of the game software, the scope of protection under Section 69a(1) UrhG remains unaffected. Thus, the Senate follows the CJEU's interpretation of “computer programs” within the meaning of Art. 1 of Directive 2009/24/EC (I ZR 157/21; press release of 31.7.25).

Higher Regional Court of Frankfurt am Main – No competitive relationship between influencers

Statements made by one influencer about another influencer cannot automatically give rise to a claim under competition law. Neither can the statements be classified as an offer of goods or services, nor was any advantage to one party presented as a simultaneous disadvantage to the other party. Thus, there is no competitive relationship. However, there are injunctive relief claims due to the unlawful violation of personal rights (press release of 25.7.25).

Administrative Court of Cologne – The Federal Press Office may continue to operate its Facebook fan page

Unlike the Federal Commissioner for Data Protection and Freedom of Information, the Cologne Administrative Court does not consider Facebook and fan page operators to be jointly responsible. The injunction against the Federal Press Office has been lifted (not legally binding, Az. 13 K 1419/23, press release of 22.7.25).

NL — Class action lawsuit against Booking.com

Over 10.000 hotels are demanding compensation from the online booking platform for decades of "best price" clauses. These clauses prohibited hotels from offering their rooms at lower prices than on Booking.com, ostensibly to combat free riders. While the German Federal Court of Justice ruled in 2021 that such clauses are contrary to antitrust law, a similar ruling by the European Court of Justice in 2024 triggered the wave of lawsuits. The registration deadline for the class action lawsuit is 29.8.25 (press release of 4.8.25).