Bundesnetzagentur publishes guidance on the classification of online communications services
Year of issue 2025
Date of issue 2025.06.23
The Bundesnetzagentur has for the first time published guidance on the classification of online communications services. Under the Telecommunications Act (TKG) certain online communications services are to be classified as so-called number-independent interpersonal communications services (NI‑ICS). These services are subject to regulation in Germany. The guidance now helps providers of online communications services understand how their services are classified.
Users are increasingly replacing fixed and mobile telephony services with online communications services such as email, messaging, video calling and video conferencing. Since December 2021, these new services have been included in the legal framework of the TKG as NI-ICS. This serves to implement the requirements of the European Electronic Communications Code into German law. The classification as NI‑ICS is linked to various legal obligations with regard to public safety, market monitoring and consumer protection.
The Bundesnetzagentur assesses online communications services offered by relevant providers of NI‑ICS in Germany and informs them about the results and the subsequent legal obligations. However, the assessment is purely for information purposes. This means that providers of NI-ICS are generally subject to legal requirements regardless of whether or not a classification assessment has been carried out.
The guidance provides a detailed explanation of the NI‑ICS classification. It also outlines the obligations for providers of NI‑ICS in Germany and highlights further national and European legislation on NI‑ICS, arising, for example, from the EU’s Digital Services Act and the Digital Markets Act.