Kaspersky's lawsuit against the BSI and its warning against Kaspersky products and services will soon be followed by a new round, since the Federal Constitutional Court has rejected a constitutional complaint by Kaspersky because the company has not yet exhausted all legal remedies.
Already on March 15, 2022, the BSI issued a warning about Kaspersky and its products. After that followed a short statement of the company Kaspersky, in which Eugene Kaspersky called the BSI's warning "collateral damage - for cyber security".
Statement by Kaspersky on the judgment of the Federal Constitutional Court
“Kaspersky sees its legal position strengthened by the decision of the Federal Constitutional Court of June 10, 2022. Although the court did not accept the constitutional complaint against the decisions of the Cologne Administrative Court of April 1 and the Münster Higher Administrative Court of April 28 in relation to the warning issued by the Federal Office for Information Security (BSI), since the main proceedings before the specialized courts has not yet been carried out. However, the Federal Constitutional Court found that the main court proceedings were not obviously hopeless. According to the Federal Constitutional Court, the administrative court came to the decision on the basis of a merely summary examination. In the main, it has not yet been decided whether the warning from the BSI is permissible.
Kaspersky is now considering applying for a detailed examination of the factual and legal situation by the specialist courts.
In Kaspersky's twenty-five year history, there has never been any evidence of misuse of our software - Eugene Kaspersky
Eugene Kaspersky, CEO (Image: Kaspersky).
We will continue to convince our partners and customers of the quality and integrity of our products and hope to return to a constructive cooperation with the BSI to strengthen cyber security and resilience in Germany and Europe."
The dispute is likely to continue for some time. Kaspersky sees itself disadvantaged and does not want to accept the blanket warning from the BSI. After all, the BSI is probably the only European institute to warn against Kaspersky. Comparable BSI authorities from other European countries have not yet issued any warnings.
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About Kaspersky Kaspersky is an international cybersecurity company founded in 1997. Kaspersky's in-depth threat intelligence and security expertise serve as the basis for innovative security solutions and services to protect companies, critical infrastructures, governments and private users worldwide. The company's comprehensive security portfolio includes leading endpoint protection as well as a range of specialized security solutions and services to defend against complex and evolving cyber threats. Kaspersky technologies protect over 400 million users and 250.000 corporate customers. More information about Kaspersky can be found at www.kaspersky.com/