VII.     Frequently Asked Questions

IV.    What Acts Are Subject to the Complaint Scheme?

3.   Exemptions from the 24 Hour and Seven Day Deadlines

III.    Obligation to Establish an Effective Complaint Scheme

2.   Content of the Report The semi-annual report must include at least the follow- ing information: ¸    General statements about the provider’s efforts  to prevent criminal offences on its platform (Sec. 2, para. 2 No. 1 NetzDG); ¸      Information about the established complaint  man- agement procedures and the criteria used  for the decision whether to delete or block illegal  content (Sec. 2 para. 2 No. 2 NetzDG); ¸     Number  of  complaints  received  in  the  reporting period broken down  into  complaints  from com- plaints offices and complaints from  users and the reason for the complaint  (Sec. 2   para.  2  No. 3 NetzDG); ¸       Information     regarding     organization,    personnel resources, professional and linguistic expertise of the work units responsible for dealing with complaints as well as training and support of the persons respon- sible for dealing with  complaints (Sec. 2 para.  2 No. 4 NetzDG); ¸      Information about potential memberships in indus- try associations and whether these industry associa- tions operate a complaints office (Sec. 2  para.  2 No. 5 NetzDG); ¸    Number of received complaints which were  for- warded to a third party expert to prepare a decision (Sec. 2 para. 2 No. 6 NetzDG); ¸    Number of received complaints in the  reporting period that have led to the deletion or  blocking of content, broken down into ¸      complaints from complaints offices, ¸      complaints from users, ¸      the reason for the complaint, and ¸     cases  where  the  unlawfulness  of  the   content depends on whether a statement of facts is untrue or on other actual events and (i) if in these cases the user was given the opportunity to comment on the complaint before a decision was made or (ii) the social network delegated the decision about the unlawfulness, within seven days after receiving the complaint, to a state-approved self- control organization (Sec. 2 para. 2 No. 7 NetzDG – for more information on the state- approved self-control organization see below, III.);

The NetzDG applies to “telemedia service providers which operate a platform over the internet, with the intention of generating profit from it, which follows the purpose to enable its users to share any content with other users or to make it accessible to the public (social network)” (Sec. 1 para. 1 sentence 1 NetzDG). This definition is very broad. However, Sec. 1 para. 2 NetzDG sets out an exemption from the review and reporting requirements (see below, II. and III.) if the social network has fewer than two million registered users in Germany. It must be noted that this exemption does not apply to the obligation to appoint an autho- rized recipient and an authorized contact person (see below, V.), i.e., this requirement must also be met by platforms with less than two million registered users. Platforms with journalistic, editorial, arranged offers for which the service provider is responsible are not con- sidered as social networks within the meaning of the NetzDG either (Sec. 1 para. 1 sentence 2 NetzG). Fur- thermore, an exemption applies to platforms which fol- low the purpose of providing individual communication services or services to disseminate specific content (Sec. 1 para. 1 sentence 3 NetzG).

1.   General  Requirements The first report is due for the first half-year of 2018. Sec. 2 para. 1 NetzDG requires social network providers ¸      which receive more than 100 complaints on unlaw- ful content per year       ¸     to publish semi-annual reports on the handling  of illegal content which falls under the NetzDG  (see below, IV. in this regard) ¸   in German language ¸    one month after the end of each half-year. The report must be published in the Federal Gazette (Bundesanzeiger)1 as well as on the provider’s website. The publication on the website must be easily identifi- able, directly accessible, and permanently available.

II.    Reporting  Obligations Sec. 2 NetzDG imposes several reporting obligations on social network providers:

Scope

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