A Mechelen investigating magistrate had asked the software company in September 2012 to transfer certain account data in the context of a judicial investigation and to provide technical assistance in eavesdropping on the user’s conversations. Skype was willing to provide registration data as long as they were not used as evidence, but stated that it was technically impossible to intercept communication.
‘An operator or service provider that targets Belgian consumers on the Belgian economic market must comply with Belgian regulations and must organize themselves in such a way that they can easily comply with the court’s claims’, the court ruled.
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Skype had also argued that it was not bound by Belgian telecom law, since it is not a telecom operator or service provider, and since the company seat is located in Luxembourg, these arguments were also swept aside by the court.