Ruling of the NRW Higher Administrative Court
BSI warning about Kaspersky virus protection is legal
The Federal Office for Information Security (BSI) is allowed to warn against the anti-virus software from the Russian provider Kaspersky. This was decided by the North Rhine-Westphalian Higher Administrative Court (OVG) on April 28.
The ruling confirms a decision by the Administrative Court of Cologne. The OVG's rejection of the complaint by Kaspersky 's German subsidiary cannot be appealed (Ref.: 4 B 473/22).
In mid-March, against the backdrop of the war in Ukraine, the Federal Office based in Bonn had pointed out a "considerable risk" of a successful IT attack by Russia and advised replacing Kaspersky software with alternatives. The company, which distributes Kaspersky in Germany, then took the matter to the administrative court in Cologne. It wanted to have the warning overturned and prohibit the BSI from issuing such politically motivated statements in future.
However, the 4th Senate of the OVG deemed the warning to be lawful and rejected the requested ban. According to the findings compiled by the BSI, there are sufficient indications that the use of the
that the use of Kaspersky's antivirus software currently poses a threat to information technology security, according to the OVG.
The BSI's warning was not issued arbitrarily or on the basis of symbolic politics. The warning was intended to reduce the risk of potential attacks on information technology security and to raise awareness of possible dangers. "The BSI also took into account the influence of the Russian government on IT companies operating in Russia, in particular Kaspersky, which has been documented in the past," the OVG stated.
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