The lack of re-imbursement for German companies is a massive disadvantage which amounts to economic discrimination, as similar companies in other European member countries do not have to carry this financial burden. There is also still no legal certainty surrounding the retention regime. It remains unclear which companies will need to gather data and, if so, how. eco concluded that the EU guideline for data retention, which requires member countries to implement national laws, has failed to reach its stated goal of levelling the playing field within the common European market.