§ 25
Duties of providers of telecommunications services, compensation
(1)
Whosoever provides commercial telecommunications services or is involved in the
provision of such services and has a registered office in Germany, or provides or is involved
in the provision of such services in Germany, shall, on the order of the Federal Chancellery,
provide information to the Federal Intelligence Service on the more detailed circumstances of
the telecommunication carried out after the order becomes effective, hand over transmissions
entrusted to it for transfer on the telecommunications route, and allow monitoring and
recording of the telecommunication. §§ 3 and 4 shall not be affected. Whether and to what
extent the telecommunications enterprise subject to obligation shall take precautions for
technical and organisational implementation shall be determined under § 110 of the
Telecommunications Act and the statutory regulation issued pursuant thereto.
(2)
The order under paragraph (1), first sentence shall be issued in writing and shall be
notified to the enterprise which has an obligation under paragraph (1) if this is necessary to
enable it to fulfil its obligations. The order must specify:
1.
the enterprise subject to obligation;
2.
the duration of the obligation; and
3.
the telecommunications concerned.
(3)
The enterprise which has an obligation under paragraph 1 shall, before an intended
measure is carried out:
1.
select;
2.
perform a simple security review on; and
3.
inform the persons who are to be entrusted with carrying out the measure of notification
bans under § 60 and the criminal nature of a breach under § 66; details of the manner of
providing this information shall be placed on record.
Only persons who have been reviewed and informed pursuant to the first sentence may be
entrusted with carrying out a measure. Once the Federal Chancellery has given its consent,
the President of the Federal Intelligence Service or his or her designated representative may
request in writing the enterprises which have an obligation under paragraph (1) to carry out
the measure before the security review has concluded. Enterprises with an obligation under
paragraph (1) shall ensure that the classification measures under the security classification
order issued on 10 August 2018 by the Federal Ministry of the Interior, Building and
Community (GMBl. 2018 No 44 – 47, p. 826) in the relevant version are taken.
(4)
The security review under paragraph (3), first sentence, subparagraph 2, shall be
carried out in accordance with the Security Review Act. The Federal Ministry of the Interior,
Building and Community shall be responsible. If a person for whom an equivalent or higher
security review in accordance with federal or Land law has already been performed is to be
entrusted with carrying out a measure, no fresh security review shall be carried out.