Bundeskartellamt launches sector inquiry into messenger services

The Bundeskartellamt has launched a sector inquiry into messenger services under consumer protection law.

Andreas Mundt, President of the Bundeskartellamt: “As a communication channel messenger services have become an integral part of consumers’ everyday lives. However, it is questionable whether and to what extent these services protect personal data. We would like to clarify this issue and provide information on possible violations of consumer rights. Furthermore, in most cases it is not possible for users to communicate with each other by using different messenger services. We will therefore also examine whether and to what extent improved interoperability could play a role in, for example, the consumers’ choice of suppliers which offer better data protection.”

Messenger services enable consumers to send text messages, photos and videos or make telephone calls via the internet. Surveys and media reports have repeatedly pointed out possible violations of consumer protection law in this sector: In some cases the way in which established messenger services manage the personal data of their users could be in violation of applicable data protection rules. Consumers must also be correctly informed about the measures taken to ensure secure communication. As to the interoperability of messenger services that has been repeatedly called for, the Bundeskartellamt hopes to be able to gain insights as to whether improvements in this area can result in an increased use of more privacy-friendly services.

In the next few months the Bundeskartellamt will carry out oral and written enquiries in the sector and among experts regarding these and other issues. The results of the investigations will be published in a report upon conclusion of the sector inquiry.

The Bundeskartellamt can carry out investigations in the area of consumer protection and thus identify possible violations of consumer law or shortcomings in the enforcement of consumer law. However, so far the authority does not have the power to order the termination of detected violations by official decree (see press release of 12 June 2017).

The sector inquiry into messenger services is the fourth sector inquiry conducted by the Bundeskartellamt in the area of consumer protection.