YOUTH PROTECTION ACT (JUSCHG)
General definitions
1. Age categories:
- Children: Persons under 14 years of age.
- Young people: People who are 14 or older but not yet 18 years old.
2. Guardians and legal guardians:
- Person with legal custody: Someone who, according to the BGB, is entitled to care for a person, either alone or together with another person.
- Legal guardian: A person over the age of 18 who takes on parenting tasks either through an agreement with the person with legal custody or as part of training or youth welfare.
3. Media Types:
- Carrier media: Media with content on material carriers, suitable for transmission or direct perception, or integrated into devices. Electronic distribution is treated the same as long as it does not fall under broadcasting in accordance with the Interstate Broadcasting Treaty.
- Telemedia: Media that is transmitted or made available via the Telemedia Act.
4. Mail order definition:
Any paid transaction that takes place through ordering and delivery of goods without direct contact between seller and buyer, under the condition that the shipment is not made to children and young people.
5. Exception for married people:
Sections 2 to 14 of this Act do not apply to married youth.
Verification obligations
1. Parental authorization:
The legal guardians defined in point 2 must provide proof of their authorization upon request. Organizers and traders must check authorization in cases of doubt.
2. Age control:
Persons for whom age limits are relevant must provide adequate proof of their age if necessary. If in doubt, organizers and traders must check the age.
Regulations on tobacco products and the like
1. Public ban:
In restaurants, sales outlets or other public places, it is prohibited to provide tobacco products, products containing nicotine and their packaging to children and young people and to allow their consumption.
2. Vending machine sales:
The sale of these products in vending machines is prohibited to the public, unless the vending machine is located in a place inaccessible to minors or is secured by technical measures or constant supervision.
3. Mail order ban:
Offering or selling these products to minors via mail order is prohibited.
4. Nicotine-free products:
The regulations in points 1 to 3 also apply to nicotine-free products, such as electronic cigarettes or shishas, which evaporate liquid using an electronic heating element, as well as their containers.