1. their subject-related and personnel resources and expert qualification and reliability of the unit
responsible for conformity assessment meet the criteria set by the Federal Office and
2. the Federal Ministry of the Interior has determined that issuing a certificate would not conflict with any
overriding public interests, in particular security concerns of the Federal Republic of Germany.
The Federal Office shall take the necessary measures to ensure regular checking that the recognized
expert bodies continue to fulfil the conditions specified in sentence 1.
(7) The Federal Office shall recognize security certificates issued by other recognized certification
authorities in the European Union if they demonstrate a level of security equivalent to that of security
certificates issued by the Federal Office and the Federal Office has determined their equivalence.
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Section 10
Authority to issue statutory instruments
(1) After hearing from the relevant industry associations and in agreement with the Federal Ministry of
Economics and Technology, the Federal Ministry of the Interior shall specify by statutory instrument the
details of the procedure for issuing security certificates and recognition under Section 9 and their
contents.
(2) Fees and expenses shall be charged for official acts performed under this Act and under statutory
instruments issued to enforce this Act. The fees charged shall be based on the administrative effort
associated with the official acts. In agreement with the Federal Ministry of Finance, the Federal Ministry
of the Interior shall determine by statutory instrument the cases subject to a fee, the scale of fees
charged and expenses.
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Section 11
Restriction of fundamental rights
Section 5 restricts the privacy of telecommunications (Article 10 of the Basic Law).
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Section 12
Council of Chief Information Officers of the federal ministries
If the Council of Chief Information Officers of the federal ministries is dissolved, it shall be replaced by a
successor organization to be designated by the Federal Government. Agreement among all the federal
ministries may take the place of approval by the Council. If the Council is dissolved without replacement,
agreement among all the federal ministries shall take the place of its approval.
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