Bundesnetzagentur recommends caution when buying smart products to give as Christmas presents

Year of issue 2021
Date of issue 2021.12.20

In the run-up to Christmas the Bundesnetzagentur is warning about intelligent toys or networked everyday objects that have a hidden camera or microphone. They intrude on the privacy of the user or other people in the vicinity. That is why they are known as spy gadgets.

"These products are banned in Germany if they can forward audio or image data to a mobile device. This serves to protect people's privacy," said Jochen Homann, Bundesnetzagentur President. "In the pre-Christmas period there is typically very high demand for smart products and toys. We are warning consumers about spying devices and would advise anyone to read the product specification carefully before buying."

These products should be treated with caution

If, in addition to a normal telephony function, a smart watch has a listening function, often known as "voice monitoring", "baby monitoring" or "one-way conversation" or if it has a secret image-taking function, it is banned in Germany. In these cases the smart watch's microphone or camera can be activated using an app or a text message. Any voices and noises in the watch's vicinity can then be heard by a third party. Neither the wearer of the watch nor those around them are aware that this is happening.

Beware when buying robot vacuum cleaners with a camera and/or microphone.

Robot vacuum cleaners can be prohibited if they can secretly transmit images or audio files using Wi-Fi or Bluetooth to the owner's smartphone. A deciding factor is whether the robot vacuum cleaner gives an indication, either acoustically or visually, that a third party can recognise to mean that a recording is taking place. The Bundesnetzagentur is currently checking several products that are available on the market.

Smart products are prohibited in Germany if they allow other people's conversations to be listened in on or if people can be observed secretly and if remote access is possible. Examples of this are app-controlled robots or virtual assistants that are designed to facilitate everyday life. The same applies to a networked toy such as a remote-controlled car with a hidden camera that transmits images to a terminal device. Caution is especially advised for toys that connect to the internet. Also, when buying GPS/GSM trackers, you should avoid any that have a listening function. This can be activated remotely by app or text message, meaning that they can basically be used by anyone who knows the telephone number of the GPS/GSM tracker's SIM card.

Particularly sneaky are those products that look like everyday objects but can record images and audio undetected. Recently fragrance dispensers and tissue boxes have caught the attention of the Bundesnetzagentur.

Consumers should pay particular attention to the following when buying any of the products mentioned above

  1. Does the product have a camera or microphone that can transmit signals?
  2. Are image or audio files transmitted wirelessly to a third party without those being recorded knowing about it or being able to control the recording situation?
  3. Is it possible to access the microphone or camera secretly from elsewhere? In every one of these cases the product is prohibited.

The Bundesnetzagentur recommends that consumers find out exactly how networked everyday objects work before buying them. Consumers should also read the product specifications and data protection provisions of any relevant apps carefully.
During 2021, more than 4,600 prohibited products were removed from internet platforms at the instigation of the Bundesnetzagentur (2020: 2,170 prohibited products).

Assistance from the Bundesnetzagentur

Consumers who are not sure if a particular article is banned can ask the Bundesnetzagentur for advice by sending an email to spionagegeraete@bnetza.de or calling 030 22480-500 (Monday to Friday, 9:00am to 12:00 noon).

Further information is available at www.bundesnetzagentur.de/spionagegeraete.

Press release (pdf / 150 KB)

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