(1) Effective technical measures to protect a work protected under this Act or other subject matter protected under this Act may not be circumvented without the rightholder’s consent where the person knows or must have reasonable grounds to know that circumvention is taking place in order to facilitate access to such a work or protected subject matter or its use.
(2) For the purpose of this Act, ʻtechnical measuresʼ means technologies, devices and components which, in the normal course of their operation, are designed to prevent or restrict acts in respect of protected works or other subject matter protected under this Act which are not authorised by the rightholder. Technical measures are deemed effective where the use of a protected work or of other subject matter protected under this Act is controlled by the rightholder by means of access control, a protection process, such as encryption, scrambling or other transformation, or a copy control mechanism which achieves the protection objective.
(3) The production, import, distribution, sale, rental, advertising with a view to selling or rental and possession for commercial purposes of devices, products or components, as well as the rendering of services, are prohibited which
1. are the subject matter of sales promotions, advertising or marketing with the aim of circumventing effective technical measures or
2. apart from circumventing effective technical measures only have a restricted economic purpose or benefit, or
3. are mostly drafted, produced, adjusted or provided in order to facilitate or make easier the circumvention of effective technical measures.
(4) The tasks and powers of public agencies for the purposes of protecting public security or the administration of criminal justice remain unaffected by the prohibitions under subsections (1) and (3) as well as the powers of cultural heritage institutions referred to in section 61d.