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The Kommission für Zulassung und Aufsicht (Commission on Licensing and Supervision – ZAK) of the Landesmedienanstalten (regional media authorities), Germany’s national media regulator whose responsibilities include regulating national media platforms, has classified the Joyn and Prime Video streaming services as platforms within the meaning of Article 52 of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement – RStV). Munich-based Joyn GmbH is a joint venture of ProSiebenSat.1 Digital GmbH (50%) and Discovery Communications Europe Ltd. (50%). Amazon Instant Video Germany GmbH also has...

In a ruling of 26 September 2019 (VG 27 K 365.18), the Verwaltungsgericht Berlin (Berlin Administrative Court) decided that BILD, Germany’s best-selling daily newspaper, could no longer operate at least some of its live streams without a licence.In April 2018, BILD began organising and distributing online videos entitled “Die richtigen Fragen”, “BILD live” and “BILD-Sport – Talk mit Thorsten Kinhöfer”, which can be streamed live. In July 2018, the Medienanstalt Berlin-Brandenburg (Berlin-Brandenburg media authority – mabb), applying a decision of the Kommission für Zulassung und Aufsicht (Commission...

In a judgment of 1 October 2019 in Case C-673/17, the Court of Justice of the European Union decided that the consent necessary for storing and accessing cookies on a website user’s device was not validly constituted by way of a pre-checked checkbox that the user had to deselect to refuse his or her consent. Rather, consent must be given clearly and unambiguously in relation to the specific circumstances and with the necessary information provided. The CJEU ruling follows a dispute in Germany between the Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband...

The RTL Deutschland media group and ProSiebenSat.1 have established a joint demand-side platform known as ‘d-force’. Demand-side platforms (DSPs) enable advertisers, on a central platform, to buy advertising space for specific target groups on various channels, which is then placed in an automated algorithm-based system. They are the counterpart of so-called sell-side platforms (SSPs), which manage the sale of individual advertising spaces. Both TV groups announced at the beginning of August that the German Bundeskartellamt (Federal Cartel Office) had approved their joint venture. In future, advertising...

In a decision of 26 August 2019 (Case no. VI-Kart 1/19 (V)), the Oberlandesgericht Düsseldorf (Düsseldorf Higher Regional Court – OLG Düsseldorf) temporarily lifted the order issued against Facebook by the Bundeskartellamt (Federal Cartel Office – BKartA) at the start of the year concerning the social network’s combination of user data (see IRIS 2019-4/10). It thought the prohibition notice and termination order issued by the Cartel Office were potentially unlawful and should therefore not take effect until a final court decision had been reached. The OLG Düsseldorf’s judgment followed the Cartel...