5G network is an important technology deployed globally, providing underlying support for robots, autonomous vehicles and smart cities. Currently, major players in the global 5G technology market include companies such as Ericsson, Huawei, Nokia and Qualcomm. However, some countries are wary of 5G suppliers in specific third countries due to so-called security risks. Among them, a communication released by the EU in mid-June stated that the European Commission recommended that member states restrict or exclude Huawei and ZTE’s 5G equipment.
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However, according to the latest reply from the German federal government, the German government has not issued any restrictions or prohibitions on Chinese-made 5G equipment.
According to German media reports, Reinhard Brandl, spokesperson for digital policy of the German Union Party (CSU) parliamentary group, said that Federal Interior Minister Nancy Faeser has never banned the installation of key Chinese equipment in German mobile networks.
The German "Der Spiegel" reported in early August that there are currently 82,000 mobile communication stations in Germany, about half of which are equipped with Huawei technology. Huawei accounts for nearly 60% of 5G network equipment in Germany, making a positive contribution to the construction of Germany's communications infrastructure.
There are no express restrictions in the law
Daniela Kluckert, State Secretary of the German Federal Ministry of Digital and Transport, said in response to media questions that in addition to encrypted communications, the government will choose existing services on the market in open mobile radio networks.
When asked whether she would restrict companies such as Huawei, she also stated in the letter that the choice of equipment is the business behavior and trade secret of each company.
Finally, the reply email also stated that the German federal government has paid attention to the EU’s urging and is conducting a review. The fact-finding investigation will be completed in the summer of 2023 before making a decision.
On the other hand, the German media "Le Monde" pointed out that German operators have reported their use of 5G key equipment 11 times since version 2.0 of the German "IT Security Law" came into effect in 2021, three of which were related to equipment made in China. The Home Office said these uses did not violate any regulations.
According to lawyer Rebecca Trampe-Berger’s explanation, German law has never comprehensively excluded certain suppliers. Only in serious cases where the manufacturer lacks credibility can the use of all key equipment of the manufacturer be prohibited; and the law has detailed requirements for relevant situations.
Trampe-Berger also pointed out that the Federal Network Agency has not yet stated whether equipment already in use will also need to be verified when the certification of critical equipment begins in 2026.
Finally, she said that although the European Commission marks certain equipment suppliers as special classifications, it remains to be seen to what extent this classification will change the German government's relaxed attitude towards cybersecurity.