The exact criteria that will be used to determine which companies will be categorised as UBI 2 will be defined in the UBI regulation, which was drafted and discussed in meetings with associations in 2022.

The exact criteria will be set out in a legal regulation (UBI-VO), which will be approved by the Federal Ministry of the Interior in accordance with Section 10 (5) BSIG.

Only value creation in Germany is taken into account.

There will be no distinction made based on social relevance for UBI 2. The only decisive factors are the economic criteria, such as turnover, as defined in the UBI regulation.

It is difficult to provide an answer to this question at this point. Companies that are among the 100 largest in Germany are expected to be categorised as UBI 2. The exact criteria will be defined in the regulation. The Top 100 list in the biennial report published by the German Monopolies Commission may be a good guideline, but deviations are possible in individual cases. The list is likely to be most reliable for the companies occupying higher-ranking positions in the Top 100. Suppliers categorised as UBI 2 may be regulated separately in a further regulation.

Once the first UBI 2 regulation is published and the parties affected by this UBI category have been determined, the BMI may issue a further regulation to set out the key parameters used to determine which suppliers are of significant importance to the company in question and therefore also fall under the legal provisions of the BSI Act.