• Latest
  • Trending
USK with new testing practice

USK with new testing practice

7. November 2022
BGH considers Uber Black to be anti-competitive

Distance learning, coaching and synchronous online formats

2. March 2026
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026
Insolvency administrator and access to tax office data?

NRW audits influencers – and suddenly normal rules apply?

12. February 2026
iStock 1405433207 scaled

Legal pitfalls in revenue-based financing for start-ups

12. February 2026
Streaming setup, influencers and contract law

Streaming setup, influencers and contract law

9. February 2026
Platform cooperatives as a financing and business model

Platform cooperatives as a financing and business model

8. February 2026
Frankfurt district court a.M. softens influencer jurisdiction

VAT on donations, gifts and “support” from influencers?

5. February 2026
Chamber Court on obligations to injuntture in the case of acts of third parties

Jurisdiction in the contract: one word too many, one word too few

4. February 2026
New info on the status of the State Media Treaty

Customer hotline and support in SaaS

2. February 2026
BGH considers Uber Black to be anti-competitive

BGH: FRAND objection fails due to lack of willingness to license

28. January 2026
marianregel

InformationCheck.de is live: side project for source-based classification of social media claims

22. January 2026
DPMA

Paid mods, fan guidelines and EULA: when monetization is possible

21. January 2026
Is an 8 year old allowed to be an Esport player?

LOI, term sheet, MoU, often binding for startups?

20. January 2026
What actually is an IP? In the games, music and film industry!

Freelancer paid, but still not getting rights?

19. January 2026
Affiliate links for streamers and influencers

Comparison sites as an SEO trick

16. January 2026
Reverse vesting

Vesting, good leavers, bad leavers – why a lack of regulations costs startups dearly

15. January 2026
ai generated g63ed67bf8 1280

AI guideline for agencies and external service providers

14. January 2026
  • Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Kurzberatung
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

USK with new testing practice

7. November 2022
in Law and computer games
Reading Time: 1 min read
0 0
A A
0
th

The Entertainment Software Self-Regulation Body (USK) is changing its practice in the age rating procedure for games in which symbols of unconstitutional organizations are used.

Key Facts
  • The USK is changing its practice regarding the age rating of games with unconstitutional labels.
  • The social adequacy clause (Section 86a (3) StGB) can now be taken into account in the assessment.
  • Games can be given an age rating if they are considered socially appropriate.
  • Socially appropriate means artistically or scientifically relevant, as well as historical representations.
  • The general prohibition of license plates pursuant to Section 86a StGB remains unchanged.
  • The decision is a case-by-case assessment and does not represent a general exception.
  • An updated test application is required for the submission of a game.

As of now, the social adequacy clause of § 86a para. 3 of the German Criminal Code (Strafgesetzbuch, StGB) are included by the USK bodies when reviewing computer games. This means that such computer and video games can receive an age rating from the USK in which the use of symbols of unconstitutional organizations is judged to be socially appropriate by the USK committees. Socially appropriate in this context means that symbols of anti-constitutional organizations may be used in a title, provided that this serves the purposes of art or science, the representation of contemporary events or history. The fundamental prohibition of license plates according to However, § 86 a StGB has not changed. Therefore, a decision on an age rating always requires consideration on a case-by-case basis and is not a general exception. The change was made possible by a change in the legal interpretation of the responsible supreme state youth authority, which takes into account current legal assessments.

Effective immediately, the updated review application must be used to submit a game for age rating. A few months ago, I gave an interview to Bild.de about this, which you can find here.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: ComputerComputer gameGamesSoftware

Weitere spannende Blogposts

File sharing and the rights holder’s burden of proof

File sharing and instruction by parents
7. September 2019

The District Court of Frankfurt am Main has issued a new, interesting verdict on the subject of file sharing. In...

Read moreDetails

Influencer: Kammergericht mitigates LG Berlin

Brief reminder: Influencer as target of warning letters
7. November 2022

In the meantime, you can also find some explanations on my blog about case law concerning influencers. Just scroll down...

Read moreDetails

Mobile games as a service commission – recover sales tax?

judge plays videogames in his spare time
7. November 2022

The sale of mobile games or even in-app sales of computer games via app stores constitutes a service commission under...

Read moreDetails

Liability for unsecured WLAN/gate exit node

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

The German Federal Court of Justice has ruled that the operator of an Internet access via WLAN and a Tor...

Read moreDetails

BGH on connected works and applicability of the SAS Institute decision

Small summary – Blizzard vs. Bossland
23. February 2023

In a case represented by me, the I. Civil Senate of the BGH last Thursday commented on the huge problem...

Read moreDetails

Generative AI in computer game development?

Generative AI in computer game development?
31. July 2023

I recently had the opportunity to speak with International Games Magazine (IGM) about the use of Generative AI in game...

Read moreDetails

How to develop your own board games without violating copyrights.

How to develop your own board games without violating copyrights.
29. December 2022

What laws should you follow to avoid violating copyrights? In Germany, copyright law is a complex issue. Therefore, to avoid...

Read moreDetails

Typical errors in publishing contracts

19th Open Stage Games in Stuttgart – typical mistakes in publishing contracts
20. November 2019

Today at 7 pm the 19th Open Stage Games will take place in Stuttgart, where I will talk about typical...

Read moreDetails

Violation of provisions of a license agreement violates copyrights

Publication of sales advertisements and classification as a trader
7. November 2022

The ECJ today published a decision on the Enforcement Directive, which deals with rules of conduct in license agreements. The...

Read moreDetails
BGH considers Uber Black to be anti-competitive
Law and Esport

Distance learning, coaching and synchronous online formats

2. March 2026

The Distance Learning Protection Act (FernUSG) has been experiencing a renaissance for some time now. What for decades was considered...

Read moreDetails
Media outlets consider influencers law pointless

Manipulated QR codes and quishing

27. February 2026
AI agents as autonomous contractual partners?

AI agents as autonomous contractual partners?

26. February 2026
Platform cooperatives as a financing and business model

AI training data as an asset: accounting, IP strategy and exit factor

25. February 2026
Streaming setup, influencers and contract law

Influencers: when marketing suddenly becomes commercial agency law

18. February 2026

Podcastfolge

c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024

This insightful podcast episode takes an in-depth look at the startup and innovation landscape in Germany and Europe. The discussion...

Read moreDetails
3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024
86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung