Telecommunications law – TKG, network regulation & provider liability

Lawyer for telecommunications law – mandates for providers, regulation, contracts, liability

Your contact: Timocin Can

Lawyer at ITMR Rechtsanwälte · Telephone +49 211 737547-70

Describe your telecoms matter

What happens after your enquiry?

After your enquiry, we will get back to you within 24 hours on working days. The first contact is free of charge. We will inform you expressly in advance of any costs.

1. A short description is enough. Helpful are a short description of the matter, the contracts or terms and conditions concerned, letters from the Bundesnetzagentur or the other side and a list of outstanding claims. Please also mention any running deadlines.
2. Receipt and initial sorting. We classify the enquiry legally on the basis of the facts described, the documents and the recognisable goal. Deadlines and dates should be immediately apparent.
3. Suitable starting point and cost range. We clarify whether initial advice, a review or a concrete mandate is the next step. As soon as the scope of the review is clear, we tell you the cost range before work begins.

Telecommunications law (TK-Recht) governs the conditions under which providers may offer mobile, fixed-line, internet and data-based communication services. It combines infrastructure law, market regulation, contract law, data protection and cybersecurity requirements.

The primary legal basis is the Telekommunikationsgesetz (TKG, German Telecommunications Act), supplemented by the European requirements of the European Electronic Communications Code and directly applicable EU regulations.

As a law firm specialising in IT law and media law, we advise and represent telecommunications companies – expressly not consumers – on regulatory issues, contractual conflicts, administrative proceedings and the enforcement of claims in court.

Telecommunications law at a glance

Statute

Telekommunikationsgesetz (TKG, German Telecommunications Act), in force since 1 December 2021

Data protection

GDPR and TDDDG (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz, German Telecommunications and Digital Services Data Protection Act, formerly TTDSG)

Authority

Bundesnetzagentur (BNetzA, Federal Network Agency)

EU law

European Electronic Communications Code (Directive (EU) 2018/1972), Net Neutrality and Roaming Regulations

Mandanten

Telecoms companies, network operators, resellers and service providers. No consumers.

Typical cases from our telecoms advice

We regularly encounter the following constellations when advising telecoms companies. They are abstracted and simplified. Each review depends on the specific contract, network and facts.

Typical are blocking and claims, customer contracts for new tariffs and security obligations. The result in each case is a working document, not a promise of a particular outcome.

What we take on for telecoms companies

Details on each service:

Fundamentals of telecommunications law

According to Section 1 TKG, the TKG aims to promote competition through technology-neutral regulation and to ensure adequate telecommunications services nationwide.

Areas of regulation are:

• Market regulation
• Frequency regulation
• Consumer protection in telecommunications
• Net neutrality
• Contract law
• Security requirements

Statutory texts are available at gesetze-im-internet.de (opens in a new tab).

The current TKG has applied since 1 December 2021. It replaced the old TKG, and many sections have new numbers. You can find the full text at gesetze-im-internet.de/tkg_2021 (opens in a new tab).

Telecoms companies operate in a heavily supervised market environment. Defective contract clauses, impermissible charges or breaches of information obligations can lead to warning letters (Abmahnungen) or regulatory measures.

Network regulation & Bundesnetzagentur

The Bundesnetzagentur (BNetzA, Federal Network Agency) monitors compliance with regulatory requirements.

Key topics:

• Market definition and market analysis
• Access obligations to network infrastructure
• Approval of charges
• Abuse control
• Ensuring net neutrality

Net neutrality obliges providers to treat data traffic without discrimination. Reasonable traffic management and narrowly limited exceptions remain permitted, for example to comply with legislation, to protect network security or against network congestion.

The basis is Regulation (EU) 2015/2120. We review zero-rating tariffs, traffic management and specialised services against it.

For operators of fibre or mobile networks, third-party access to the infrastructure often decides on rollout planning and profitability.

The Bundesnetzagentur monitors market regulation, access, charges and net neutrality. For network operators, third-party access often decides on rollout and profitability.

Frequency allocation & 5G rollout

Mobile frequencies are allocated in complex award procedures. 5G and, in future, 6G place increased requirements on:

• Investment obligations
• Coverage obligations
• Security standards
• Cooperation models

Frequency auctions tie up high investments. Allocation conditions and coverage obligations should therefore be reviewed before bidding and during the term.

Currently important is the decision of the Bundesnetzagentur of 24 March 2025. According to it, the usage rights at 800 MHz, 1,800 MHz and 2,600 MHz expiring at the end of 2025 were extended on application until the end of 2030 without an award procedure, combined with coverage and competition obligations.

Frequencies are allocated in award procedures with investment and coverage obligations. The conditions should be reviewed before bidding and during the term.

Contractual obligations towards end users

The TKG contains extensive customer protection rules in Part 3, at its core in Sections 51 to 71 TKG (opens in a new tab). For conclusion of contract, information obligations, term and contract amendment, Sections 54 to 57 TKG are particularly decisive.

Providers must, among other things:

• provide transparent price information
• clearly regulate contract terms
• enable termination rights
• state speeds depending on the type of access

For fixed-line internet access, a distinction is made between the minimum, the normally available and the maximum speed. For mobile, the estimated maximum speed is decisive. We review which information a tariff specifically needs on the respective product.

Of practical relevance are the contract summary (Section 54 TKG (opens in a new tab)), the maximum term of 24 months (Section 56 TKG (opens in a new tab)) and the reduction for internet that is too slow (Section 57 TKG (opens in a new tab)).

Interface: Drafting terms and conditions.

Invalid contract clauses can lead to competition law proceedings. See Defence against warning letters.

Towards end users, the customer protection rules of Sections 51 to 71 TKG apply, including contract summary, maximum term and reduction. Invalid clauses can lead to warning letters.

Blocking & information obligations

Blocking a connection is only permitted under narrow conditions.

Obligations include:

• Advance notice
• Proportionality
• Review of the claim
• Documentation

Decisive is Section 61 TKG (opens in a new tab). Due to a consumer's payment default, a provider may in principle only block from arrears of 100 euros. It must give written notice of the block at least two weeks in advance.

For blocking due to a consumer's payment default, Section 61(4) TKG (opens in a new tab) requires in detail:

Other conditions apply to other grounds for blocking, for example in the case of justified suspicion of misuse or manipulation of the connection under Section 61(5) TKG.

Violations can give rise to claims for damages.

Under Section 61 TKG, blocking for payment default requires arrears, notice and a deadline. Errors can give rise to claims for damages.

Provider switching, relocation & roaming

The TKG contains detailed rules on:

• Provider switching
• Relocation cases

Roaming within the EU, by contrast, is governed directly by Regulation (EU) 2022/612 and not in detail by the TKG.

When switching providers, the service may not be interrupted for longer than one working day under Section 59 TKG (opens in a new tab). Relocation is governed by Section 60 TKG (opens in a new tab).

The EU Roaming Regulation (“Roam like at home”) is available via EUR-Lex (opens in a new tab).

Regulation (EU) 2022/612 (opens in a new tab) has applied since July 2022.

According to it, additional retail roaming surcharges are in principle abolished (“Roam like at home”). This does not make use free of charge; the domestic tariff applies. Fair-use limits and other permitted exceptions, such as authorised surcharges to recover costs, remain.

Billing errors or excessive roaming charges frequently lead to legal disputes.

When switching providers, the service may be down for at most one working day; relocation is governed by Section 60 TKG. Regulation (EU) 2022/612 applies directly to roaming; fair-use limits and other exceptions remain possible.

Is the end customer a consumer or a business customer?

If the customer is a consumer, the customer protection rules apply in full. Under Section 71(3) TKG, certain of them also apply to micro and small enterprises and not-for-profit organisations, unless they have expressly waived them. For larger business customers, the contract is what counts above all.

Data protection in the telecoms sector

Telecommunications companies process highly sensitive traffic and location data.

Relevant legal bases:

• GDPR
• TDDDG (until May 2024: TTDSG)
• TKG

Interface: Data protection law, Data protection audit and Help with a data breach.

Special requirements apply to:

• Traffic data
• Subscriber data
• Location data
• Data retention

General data retention without cause under the TKG has not been applied since the CJEU judgment of 20 September 2022. Providers should continuously monitor new statutory rules on this.

Traffic, subscriber and location data are subject to the GDPR, TDDDG and TKG. General data retention without cause has not been applied since the CJEU judgment of 20 September 2022.

Cybersecurity & critical infrastructure

Telecommunications is a critical infrastructure sector. However, belonging to the telecoms sector does not automatically mean that a company operates a critical facility.

Requirements arise, among other things, from:

• IT-Sicherheitsgesetz (German IT Security Act)
• NIS-2 Directive
• KRITIS (critical infrastructure) requirements

For telecoms providers, the security obligations from Sections 165 et seq. TKG (opens in a new tab) are added, for example protective measures and the reporting of security incidents under Section 168 TKG (opens in a new tab).

Since 6 December 2025, the German NIS-2 Implementation Act with the newly worded BSIG (German Act on the Federal Office for Information Security) has applied. According to it, operators of public telecoms networks and providers of publicly available telecoms services can be important or particularly important entities (Section 28 BSIG (opens in a new tab)). Under Section 28(5) BSIG, certain BSIG obligations do not apply to them; in this respect, the sector-specific Sections 165 et seq. TKG are decisive above all. This exception does not apply insofar as the company also operates further critical facilities.

Interface: Cybersecurity and NIS-2 implementation.

Network outages or security incidents can give rise to considerable liability risks.

Telecommunications is a KRITIS sector, but that does not make every telecoms company the operator of a critical facility. Since 6 December 2025, the NIS-2 Implementation Act has applied; for telecoms companies, Sections 165 et seq. TKG in conjunction with the BSIG are what count above all.

European framework law & harmonisation

The European Electronic Communications Code harmonises competition and consumer standards.

Cross-border services require compliance with European market rules.

Receivables management & litigation

We represent telecommunications companies in:

• disputes over incorrect billing
• misuse of data networks
• breaches of contract
• claims for damages
• termination disputes

Interface: Receivables management / debt collection and Preliminary injunction.

We enforce claims out of court and in court.

In billing disputes, breaches of contract, damages and termination, we represent telecoms companies out of court and in court.

Key terms of telecommunications law

Telecommunications service

A service usually provided for remuneration via telecommunications networks, such as internet access, interpersonal communication or pure signal transmission (definitions in Section 3 TKG).

Number-independent interpersonal telecommunications service

A communication service without a connection to telephone numbers, such as a messenger. Since 2021 it has fallen under the TKG, but only some of the obligations apply.

Traffic data

Data processed in the provision of a telecommunications service, such as the connections involved and the start and end of a connection.

Subscriber data

Data of an end user required for establishing, structuring, amending or terminating the contract for a telecommunications service.

Location data

Data indicating the location of an end user's terminal equipment and processed in a telecommunications network or by a telecommunications service.

Contract summary

A concise, easily readable overview of the essential contract terms that providers must make available to consumers before conclusion of the contract (Section 54 TKG).

Net neutrality

The obligation of internet access providers to treat data traffic in principle equally and without discrimination (Article 3 of Regulation (EU) 2015/2120).

A brief summary of the terms. The wording of the TKG and the EU regulations mentioned is decisive.

Statutes and decisions

At the core is the TKG with customer protection and security obligations, supplemented by the TDDDG and EU law on the Code, net neutrality and roaming. The three CJEU judgments concern net neutrality, zero-rating and data retention.

FAQ – telecommunications law

Strategic regulation & future topics

The telecommunications sector faces further regulatory developments:

• 6G rollout
• Edge computing
• IoT integration
• Network security
• Data sovereignty

Interface: Data Act.

We support telecoms companies strategically in regulatory adjustments, administrative proceedings and court disputes.

We regularly analyse current developments in our blog.

Our contact page is available for confidential enquiries.

Telecommunications law – TKG, network regulation & provider liability:

Your contact for telecommunications law

Your contact is Timocin Can and his team. Telephone +49 211 737547-70, email can@itmr-legal.de.