Law on the protection of access-controlled services and access control services (Access Control Service Protection Act-ZKDSG)

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ZKDSG

Date of completion: 19.03.2002

Full quote:

" Access Control Services Act of 19 March 2002 (BGBl. 1090), which is provided by Article 3 of the Law of 26 February 2007 (BGBl. 179) has been amended "

Status:

Amended by Art. 3 G v. 26.2.2007 I 179

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 23.3.2002 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 84/98 (CELEX-Nr: 398L0084) + + +) 

  

The law is designed to implement Directive 1998 /84/EC of the European Parliament and of the Council on the legal protection of access-controlled services and access control services of 20 November 1998 (OJ L 327, 30.12.1998, p. EC No L 320 p. 54).

Section 1
General provisions

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§ 1 Purpose of the Law

The purpose of the law is to protect access control services against unauthorised interventions. Unofficial table of contents

§ 2 Definitions

For the purposes of this law, the term "

1.

"Access controlled services"

a)

radio performances within the meaning of section 2 of the Broadcasting State Treaty;

b)

Telemedia within the meaning of Section 1 of the Telemedia Act,

which can be provided on the basis of remuneration and can only be used by means of an access control service,

2.

"access control services" means technical procedures or devices which enable the authorised use of an access-controlled service;

3.

"bypass means" means any technical process or device which is intended or adapted to allow the unauthorized use of an access-controlled service;

4.

"promotion" means any form of direct or indirect promotion of the sales of goods, services or the appearance of an undertaking, other organisation or natural person engaged in trade, Trade or craft or a liberal profession.

Section 2
Protection of access control services

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§ 3 Prohibition of commercial intervention for the avoidance of access control services

Prohibited

1.

the manufacture, import and distribution of transshipment equipment for commercial purposes;

2.

the holding, the technical equipment, the maintenance and the exchange of handling equipment for commercial purposes;

3.

the promotion of circumction-promoting devices.

Section 3
Criminal and penal rules

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Section 4 Criminal Code

A custodial sentence of up to one year or a fine shall be punishable by the person who produces, introduces or distributes a transshipment device contrary to § 3 no. 1. Unofficial table of contents

§ 5 Penal rules

(2) The administrative offence may be punishable by a fine of up to fifty thousand euros. Unofficial table of contents

§ 6 confiscation

Items to which a criminal offence pursuant to § 4 relates may be collected.

Section 4
Final provision

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Section 7 Entry into force

This Act shall enter into force on the day after the announcement.