Some smart devices are prohibited in Germany for several reasons. Christmas is just a few days away, and not everyone has all the gifts for their loved ones yet. Sometimes, caution is advised when buying gift items—especially when it comes to technical devices.
Related topic: My favorite smart tech devices of 2023
The Federal Network Agency is currently urging caution when it comes to smart gadgets. The reason: some devices are prohibited in Germany according to Article 8, Section 1 of the Telecommunications Data Protection Act (TTDSG).
Which smart devices are prohibited in Germany
According to the agency's website, prohibited devices include 'devices with hidden cameras or microphones that can covertly create audio or video recordings and transmit them to other receiving devices.' Using such devices can lead to legal issues.
According to Section 8, Paragraph 1 of the TTDSG, both possession and production of these devices are prohibited, as well as offering them on the market and importing affected devices. According to Article 27, Paragraph 3, violation can be punished with imprisonment for up to two years or a fine.
Certain network devices can be used for espionage, thus jeopardizing our privacy. Smartwatches with built-in cameras fall under this category, especially models that can covertly make (audio) recordings and transmit them to receiving devices. This is prohibited if the recorded content is visible on the watch display simultaneously with the recording.
Smartwatches for children with listening function (also known as 'voice monitoring' or 'baby monitor function'). These devices can often be remotely activated to record voices and sounds in the surrounding environment. GPS trackers with a microphone, allowing discreet listening to ambient noises.
Auxiliary systems/smart speakers where users cannot recognize or control the recording process. Users also need to be informed when and for what purpose the recordings are transmitted to the manufacturer or other companies.
Robot vacuum cleaners capable of secretly transmitting images or audio files to the owner's smartphone via Wi-Fi or Bluetooth, without providing any acoustic or visual signals of recording.
Toys (such as cars) with cameras transmitting recordings to smartphones or tablets. They are also prohibited if the presence of the camera cannot be visually recognized.
Related topics:
In light of the prohibitions, it's important to be cautious when considering gifts that fall under this category. For instance, certain smartwatches with built-in cameras have been deemed illegal due to their ability to covertly record audio.
Violating these regulations can result in severe penalties, such as imprisonment for up to two years or a significant fine, as stated in Article 27, Paragraph 3 of the TTDSG.
