Opaque outcomes persist - mirroring the fate of a fallen tree trunk
The Transparency Act in Germany, aimed at enhancing access to information from public administration and promoting proactive data publication, is yet to be fully implemented. Despite strong recommendations and support from data protection authorities and anti-corruption bodies, key elements such as the “legislative footprint” for tracking external inputs to legislation and transparency components are still pending full adoption and execution.
According to the 2025 GRECO (Group of States against Corruption) Second Compliance Report, Germany has acknowledged the ongoing implementation of commitments related to the Freedom of Information Act under the current coalition agreement. However, key recommendations, such as fully documenting and disclosing external influences on legislation, have not been implemented yet.
The delay appears rooted in the legislative process itself and the complexity of integrating transparency tools into governance practices. The proposed “legislative footprint,” intended to increase transparency about who influences legislative texts, is included in the coalition agreement but is still not operative or even partly implemented.
Other transparency and data-related legislation, like the Crypto Asset Tax Transparency Act and identity verification reforms tied to combating economic crime, are advancing but distinct from the broader Transparency Act framework and address specific areas like tax and corporate governance.
The State Commissioner for Data Protection and Freedom of Information (LfDI), Tobias Keber, believes that the time is ripe for a Transparency Act. He has proposed that his authority could develop a portal to prove the advantages of the Transparency Act, but so far, he has not found sufficient support to move the coalition parties to act on it.
The transparency law is still stuck in the whirlpool of half-knowledge and prejudices. Many districts and municipalities hesitate to implement transparency measures, fearing that additional bureaucracy will be created instead of reduced. This belief was expressed by Stefan Brink, the predecessor of the current LfDI Tobias Keber.
Leading experts, such as information law specialist Friedrich Schoch, consider transparency crucial for democracy. Administration should not only be controlled by parliament, but the public must be comprehensively informed to make well-informed voting decisions.
The CDU/CSU/SPD coalition, in its 2021 coalition agreement, committed to further developing the Freedom of Information Act into a Transparency Act. However, the coalition has abandoned its original idea of completely abolishing the Freedom of Information Act and instead calls for reforming the existing regulations to provide additional value for citizens and administration.
Looking back, Baden-Württemberg's CDU-led government under Lothar Späth appointed the first state data protection officer in Germany, Ruth Leuze, in 1980 to lower barriers towards the new topic of data collection. Meanwhile, the Minister-President's favorite example remains the suitcase with wheels, symbolising the long journey from the initial idea to its realisation. Similarly, the Transparency Act's full implementation may take time, but it is a crucial step towards a more transparent and informed democratic process in Germany.
References: [1] GRECO (Group of States against Corruption) Second Compliance Report 2025 [2] Crypto Asset Tax Transparency Act (Krypto-Umsatzsteuer-Transparenzgesetz) [3] Identity Verification Reforms tied to combating economic crime (Wirtschaftskriminalität)
Management in the current coalition government is grappling with the implementation of the Transparency Act, originally intended to enhance information access. Policy-and-legislation, particularly the full documentation and disclosure of external influences on legislation, remains in limbo, according to the 2025 GRECO Second Compliance Report (Reference [1]). The ongoing debate about transparency in politics and general news continues, with leading experts advocating for its significance in democracy (Reference [3]).
