Transmission of messages involving intermediate storage

(1) Persons under a duty pursuant to section 3(2), first sentence, nos. 1 and 2 may, in connection with services whose performance requires intermediate storage, process message content — in particular voice, sound, text and graphic messages of end-users — within the scope of a service offering directed to that end, where
1. the processing takes place exclusively within telecommunications installations of the provider carrying out the intermediate storage, unless the message content is forwarded to telecommunications installations of other providers on the end-user's instruction or by the end-user's own input;
2. exclusively the end-user
a) determines, by their own input, the content, scope and manner of the processing, and
b) determines who may input and access message content; and
3. the person under the duty
a) may inform the end-user that the recipient has accessed the message, and
b) may delete message content only in accordance with the contract concluded with the end-user.
(2) Persons under a duty pursuant to section 3(2), first sentence, nos. 1 and 2 must take the necessary technical and organisational measures to rule out misdirected transmissions and the unauthorised disclosure of message content within the provider's undertaking and to third parties. Measures are necessary only where their cost is proportionate to the protective purpose pursued. Insofar as necessary having regard to the protective purpose pursued, the measures must be adapted to the state of the art.