It is reported that passive sharing is not mandated and practiced both in the mobile and fixed sector. To bolster mobile coverage and stimulate infrastructure sharing for MFCN the Federal Network Agency imposed a specific obligation as part of the frequency award decision BK1-17/001. Upon request by other nationwide assignment holders, assignment holders must, in compliance with telecommunications and antitrust law, engage in negotiations on the shared use of existing nationwide networks (roaming) and about infrastructure sharing. The negotiations should be non-discriminatory. Infrastructure sharing is practiced in Germany in the fixed sector and in the mobile sector.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Germany transposed the Directive in 2018, as well as with the Law transposing Directive (EU) 2016/943 on the protection of trade secrets against their unlawful acquisition, use and disclosure.

Germany has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Germany has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

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 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.

Germany is a party to the Patent Cooperation Treaty (PCT).

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).

Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Acquisitions in the relevant sectors must be notified to the Federal Ministry for Economic Affairs and Energy, which evaluates whether the acquisition presents a serious and present threat to a fundamental interest of society. As of 2021, only two transactions were blocked, none of which was pertinent to digital trade. The scope of the screening procedure defined in §60 of the law depends on the sector concerned: for military and dual use goods, the acquisition of 10% of voting rights in a company or more by any foreigner triggers the procedure; for any other acquisition by non-EU or European Free Trade Association (EFTA) foreigners which may impede public safety and order, different thresholds apply: 25% in general and 10% for critical infrastructure.

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 with the Regulation on the modernisation of public procurement law.

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 was criticised by foreign companies which are legally required to surrender information under certain conditions. The ministry can terminate contracts on account of any violation.

France has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

France has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law no. 2004-575 of June 21, 2004 on confidence in the digital economy.

France has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

According to Art. 289A of the General Taxation Code, a person not established in the European Union, who is liable for the value added tax or must fulfill reporting obligations, is required to have a taxable representative established in France accredited to the tax office.