Definition of Terms and General Information
The term Key (English for “key”) is used in various legal areas and fields of application. In the legal context, Key not only refers to the physical object of a key, but also to digital keys as well as access codes, cryptographic keys, and license keys. The term is therefore multifaceted and covers both material and immaterial matters whose legal treatment is governed by different regulations.
Distinction of the Meanings of Key
Physical Key
In the classical sense, a Key is a tangible, mechanical key that provides access to a protected area (e.g., door key, car key). Legally, such keys are defined as movable property under the German Civil Code (BGB). Ownership of the key generally follows ownership of the lockable item (e.g., door, vehicle). Handing over a key often constitutes transfer of possession within the meaning of § 854 para. 2 BGB.
Digital and Cryptographic Key
In addition to the physical form, keys are also used in data processing. These include, in particular:
- Access keys: Electronic or digital codes, e.g., PINs, access passwords.
- Cryptographic keys: Datasets used in encryption and authentication procedures.
- License keys: Codes authorizing use of certain software products.
Each of these forms of ‘keys’ has its own legal implications.
Legal Aspects of the Physical Key
Ownership and Possession
Der physical keys are classified as movable property under the general rules of property law (§§ 903 ff. BGB). Ownership of the key generally follows the ownership of the lockable object (e.g., door, vehicle). Upon handing over a key, transfer of possession in the sense of § 854 para. 2 BGB often occurs.Examples of Regulations:
- Tenancy law: The handover and return of keys are central elements of the rental agreement (§ 546 BGB).
- Property law: Loss of the key may be regarded as loss of possession.
- Contract law: Handing over a key is often a prerequisite for the transfer of possession or the creation of obligations.
Theft, Embezzlement, and Misuse
Unauthorized use or theft of a physical key can be a criminal offense (§§ 242, 246 StGB). However, for theft to be assumed, the key must be considered as ‘another person’s movable property’ and in someone else’s possession.
In some cases, keys also fulfill the requirements of ‘tools’ within the meaning of § 243 StGB (especially serious case of theft).
Liability and Compensation in Case of Loss
Losing a key can trigger claims for compensation if this results in economic damage, such as the need to change locking systems. In tenancy law, landlords can demand reimbursement for new locks if the locking system is deemed to be at risk.
Legal Dimensions of Digital and Cryptographic Keys
Protection of Access Data
Digital keys such as passwords, PINs, or electronic access codes are protected by § 202a StGB (data espionage). Unauthorized acquisition, use or disclosure of this data is a criminal offense.
Data Protection Law
Within the framework of the General Data Protection Regulation (GDPR), access data are considered personal data if they can be attributed to a natural person. Processing such data requires appropriate protection measures (Art. 32 GDPR).
Cryptographic keys
Cryptographic keys are an essential part of IT security and electronic communication. The following legal issues arise in this context:
- Confidentiality: Protection of keys from unauthorized access (IT Security Act, GDPR Art. 5, 32)
- Use in Electronic Signatures: According to the Trust Services Act (VDG), which implements the eIDAS Regulation, cryptographic keys for qualified electronic signatures must meet specific requirements.
Criminal Law Aspects
Spying out, intercepting, or the abusive use of keys in connection with encrypted data falls under §§ 202a to 202d StGB.
License Keys under Copyright Law
Definition and Area of Application
License keys are unique character strings that enable access to or the use of copyright-protected software licenses.
Protection under Copyright Law
The transfer, duplication or unauthorized use of license keys usually constitutes a copyright infringement under § 106 UrhG. Sanctions may also apply under competition law (§§ 3, 4 UWG), especially in the case of commercial distribution of generator keys or crack software.
Contractual Foundations
Software manufacturers regularly link the validity of the license key to compliance with license terms (End User License Agreement, EULA). Abuse of a key entitles the licensor to terminate the contract and may trigger claims for damages.
Tortious and Criminal Law Particularities
Misuse and Criminal Offenses
Unauthorized acquisition or use of a key, whether physical or digital, can have criminal consequences:
- Computer fraud (§ 263a StGB)
- Data alteration (§ 303a StGB)
- Computer sabotage (§ 303b StGB)
- Fraud with access data (§ 263 StGB)
- Violation of the secrecy of correspondence (§ 202 StGB)
Evidence and Digital Forensics
Digital keys are often the subject of criminal investigations. Their seizure, analysis, and evaluation are carried out in strict compliance with the provisions of the Code of Criminal Procedure (StPO), particularly concerning seizure (§§ 94 ff. StPO), data protection, and admissibility of evidence.
Protection and Security Measures
The protection of keys – whether physical or digital – is a central concern of jurisprudence and legislation. Operators of locking systems as well as IT systems must take organizational and technical measures to prevent misuse or unauthorized access. In particular, companies are subject to the requirements of Art. 32 GDPR (security of processing).
Summary and Legal Significance
The term Key has a variety of legal dimensions, ranging from property law and data protection to criminal and copyright law. Keys are not only physical objects, but increasingly digital or cryptographic units. The legal assessment always depends on the respective case of application and the need for protection. Offenses, duties of care, and questions of liability are regularly the subject of judicial decisions and legislative developments. Adhering to and complying with the applicable regulations is essential for owners, users, and custodians of keys and forms a central part of security in both the analog and digital environment.
Frequently Asked Questions
Who is legally permitted to have a key duplicated?
In Germany, having a key duplicated is generally only permitted for those who are either the lawful owners of the key or have received verifiable authorization from the owner. Tenants in a rented apartment are generally not automatically entitled; they require the express consent of the landlord or property owner. Without such permission, making duplicate keys may constitute an unlawful act and even result in criminal consequences, especially if the key belongs to a locking system or has special security features protected by patents or trademarks. In these cases, a security certificate or a special authorization certificate is often required and must be presented to the locksmith.
What are the legal consequences of losing a key?
If a key is lost, the loss must be reported immediately to the owner or landlord, otherwise there is a risk of unauthorized use. Legally, this can have serious consequences: The responsible person may be required to cover the costs, especially if the entire locking system needs to be replaced. In rental law, the tenant is usually liable for compensation, provided that they are at fault. If negligence is involved, the landlord may also claim damages for consequential losses, for example in the event of a burglary using the lost key.
Is the landlord allowed to keep a master key?
Under German tenancy law, the landlord is generally not permitted to retain a master key to the apartment without the tenant’s consent. The right of possession to the apartment transfers to the tenant with the handover of the rental property, so that entry by the landlord would be unlawful. Exceptions are only allowed in absolute emergencies (e.g. imminent danger). Even if the landlord retains a key, they may not use it without the tenant’s explicit prior consent—otherwise, this constitutes unlawful self-help.
What protective rights exist in relation to keys and locking systems?
Many keys and locking systems are protected by patents, utility models, or trademark rights. Making such keys without the rights holder’s consent constitutes an infringement of industrial property rights and can be relevant not only civilly (injunctive and damage claims) but also criminally (§ 14 para. 2 no. 2 PatG, § 143 MarkenG). Industrial protection generally covers the term of the patent or utility model registration; after expiry, the protection ends and duplication is freely permitted provided no other property right is infringed.
What obligations apply to handling keys in employment relationships?
In employment relationships, keys are regularly handed over as so-called ‘work equipment.’ Employees are required to handle them with care and properly and are liable for loss or misuse caused by their own fault, according to employment law duties of care. Receipt of the key is often documented by written confirmation; upon leaving the company, labor law requires the employee to return the key. Failure to return may result in withholding of final salary or claims for damages.
May I keep other people’s keys?
Keeping another person’s key is generally permitted if it is done with the knowledge and consent of the owner or possessor. If it is done without permission, it may be treated as embezzlement (§ 246 StGB) under criminal law. In the event of misuse or loss, liability for damages may arise. In the case of safekeeping within a special trust relationship (e.g. escrow), increased duties of care apply; if damage occurs due to negligence, civil liability may be incurred.
What are the differences between main keys and duplicate keys under the law?
The main key is usually owned by the principal user (e.g., landlord or owner), whereas duplicate keys legally only entitle to use, but not to full disposal. Production of a duplicate key may require consent, especially for locking systems with increased security. In case of damage (e.g., improper use or loss), liability differs: The holder of a duplicate key is typically liable to the main key holder for any damages resulting from a breach of duty.
What are the legal requirements for locksmiths to make duplicate keys?
Locksmiths may only make duplicate keys when the authorized person provides proof of ownership or authorization to use. This is typically done by presenting a security certificate or written consent from the property owner or main user. If this is disregarded and an unauthorized third party gains access, locksmith operators may be held liable and risk, in the worst case, criminal consequences, such as aiding and abetting unauthorized entry or theft. In addition, locksmiths must comply with the provisions of the General Data Protection Regulation (GDPR) if they process personal data as part of the key production process.
