Database

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GERMANY

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the German State holds over a 30% stake in Deutsche Telekom AG. This stake includes 13.8% owned by the Federal Republic and 16.6% by KfW Bankengruppe, a state-owned investment and development bank. Deutsche Telekom AG, based in Germany, is one of the largest telecommunications providers in Europe, operating in over 50 countries worldwide.
Coverage Telecommunications sector

GERMANY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Germany does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation applies to SMP operators in some wholesale markets (e.g. IP bitstream + fibre LLU).
Coverage Telecommunications sector

GERMANY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

GERMANY

Since July 2024
Since November 2019
Since April 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Social Security Code V (Sozialgesetzbuch (SGB) Fünftes Buch (V))

Social Security Code X (Zehntes Buch Sozialgesetzbuch (SGB X))

Digital Health Applications Ordinance - DiGAV (Digitale Gesundheitsanwendungen-Verordnung - DiGAV)
Section 393 of the German Social Security Code V establishes a requirement for local processing of social and health data via cloud computing services. It stipulates that such processing may only occur within Germany, within a member state of the European Union, or in a third country deemed adequate under Art. 45 of the General Data Protection Regulation (GDPR) or equivalent provisions, provided that the data-processing entity maintains an establishment in Germany. Section 80 of the Social Security Code X and Section 4.3 of the Digital Health Applications Ordinance impose similar geographical restriction on the processing of social data and data related to digital health applications.
Coverage Health sector

GERMANY

Since April 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
"No-Spy decree" of the German Federal Ministry of Interior ("No Spy"-Erlass des Bundesministerium des Innern (BMI))
Under the so-called "No-Spy decree", companies processing confidential and classified information for public authorities must guarantee that they can ensure the confidentiality of this information and that they are not legally required to disclose it to third parties. There are exceptions to these standards for companies supplying information to German tax administration and law enforcement, but not for other countries' agencies, which were criticised by foreign companies that are legally required to surrender information under certain conditions. The ministry can terminate contracts on account of any violation.
Coverage Horizontal

GERMANY

Since March 2004, as amended in February 2014
Since February 2016
Since April 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Modernisation of Public Procurement Law (Gesetz zur Modernisierung des Vergaberechts)

Regulation on the Modernisation of Public Procurement Law (Verordnung zur Modernisierung des Vergaberechts)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2016, the Directive has been transposed with the Law on the Modernisation of Public Procurement, as well as the Regulation on the Modernisation of Public Procurement Law.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources

GERMANY

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
Under German law, any foreign-owned company registered in the Federal Republic of Germany as a GmbH (limited liability company) under the Limited Liability Company Act (GmbHG) or as an AG (stock corporation) under the Stock Corporation Act is treated as a German-owned company. It is reported that there are no limitations on foreign ownership in any specific sector.
Coverage Horizontal

GERMANY

Since August 2013, as amended in April 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Trade and Payments Act, Foreign Trade and Payments Ordinance (Außenwirtschaftsgesetz - AWG)
The Foreign Trade and Payments Act establishes an investment screening procedure for foreign acquisitions of German companies, requiring notifications to the Federal Ministry for Economic Affairs and Energy for evaluations on potential threats to fundamental societal interests. The scope, defined in Art. 60 of the law and amended by the 17th amendment to the Foreign Trade and Payments Ordinance, varies by sector. It applies to any acquisition where a non-EU/non-EFTA investor holds at least 25% of the voting rights in a German target company, irrespective of financial thresholds or activity. For targets involved in any of the 27 listed activities, lower thresholds of 10% or 20% of voting rights apply. Specifically, acquisitions of 10% of voting rights in companies engaged in defence, encryption, and critical infrastructure and acquisitions of 20% in high-tech industries require notification.
Coverage Horizontal

GERMANY

Since December 1980, last amended in August 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent Act (Patentgesetz)
Art. 25 of the Patent Act states that patent applicants and holders who do not have residency or a local presence must be represented by an attorney-at-law authorised and empowered for proceedings in front of the Federal Patent Office, the Patent Court, and in civil proceedings (attorneys from the EU and the European Economic Area are eligible in principle).
Coverage Horizontal

GERMANY

Since January 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Germany is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GERMANY

Since May 2001
Since 2017

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Act on Copyright and Related Rights (Gesetz über Urheberrecht und verwandte Schutzrechte)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Chapter 6 of the Act on Copyright and Related Rights establishes a series of usage- and purpose-based exemptions in Germany, e.g., temporary reproduction, reproduction for data mining and text analysis, reproduction for private and other personal purposes, teaching and scientific research, all under the condition of non-alteration and acknowledgement of the source.
Coverage Horizontal

GERMANY

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

GERMANY

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
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ITA: [{"meta_value":"EU"}]

GERMANY

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.83%
Coverage rate of zero-tariffs on ICT goods (%)
80.65%
Coverage: ICT goods

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