Ruling: Kapersky sanctions are not a software defect

The BSI warning about software from IT security provider Kaspersky does not lead to a defect in software provided on a temporary basis and therefore to claims by the customer, the Regional Court of Munich I has ruled. According to the judges, there is no defect "if the Federal Office for Information Security has issued a warning regarding the use of this software because the software could be misused for espionage activities". Public sanctions do not constitute a defect within the meaning of warranty law.

However, from a legal point of view, a loss of the basis of the contract could be considered if the use of the software is no longer possible due to sanctions. This would lead to the contract between the software provider and customer being amended. In the specific case, the provider had to repay part of the software rental already paid. The ruling can be found on the website of the Bavarian State Chancellery.

The Federal Office for Information Security (BSI) can issue public warnings in accordance with Section 7 of the BSI Act in the event of security vulnerabilities in IT programs, malware, data loss or security-relevant IT properties of products. On March 15, 2022, shortly after the outbreak of the war in Ukraine, the BSI issued a warning about products from the Russian IT security service provider Kaspersky. The courts are still dealing with this warning today.

(dmk)