Transparency Law Progresses Slowly in Germany
Truncated Transparency Unravels - Just like a Weakened Tree's Demise
In the realm of transparency, Germany is making strides, albeit at a pace reminiscent of the delayed adoption of luggage with wheels. This analogy, as presented by an unnamed source, underscores the slow progress of transparency legislation in the present day.
Current Status of Transparency Law in Germany
The implementation of transparency laws in Germany is a multifaceted endeavour, with several key areas under development.
- Pillar Two Implementation: Germany is actively working on implementing the OECD's Pillar Two rules, which involve a global minimum tax. As of August 2025, a draft bill to amend the Minimum Tax Act has been issued, incorporating recent OECD guidance.
- Freedom of Information Act (FOIA): The coalition agreement for the 20th legislative term includes the commitment to enhance the Freedom of Information Act. GRECO has noted progress, but the law is not yet fully implemented.
- Corporate Sustainability Reporting Directive (CSRD): The CSRD aims to enhance sustainability reporting transparency. Germany has drafted bills for its implementation, with the latest draft dated July 10, 2025.
- Pay Transparency Requirements: Germany, along with other EU countries, is preparing for EU Pay Transparency requirements. The directive aims to enhance pay transparency and gender pay equity across the EU.
Obstacles Preventing Implementation
Several obstacles can hinder the implementation of transparency laws in Germany. These include legislative delays, international coordination challenges, administrative complexities, political and stakeholder engagement issues, and resistance from local governments.
Despite these challenges, the State Commissioner for Data Protection and Freedom of Information (LfDI), Tobias Keber, believes the time is ripe for a transparency law. Keber has proposed developing a transparency portal to gain traction for the law.
The CDU/CSU/SPD coalition has abandoned the idea of completely abolishing the Freedom of Information Act and instead aims to reform it to provide added value for citizens and administration. Some districts and municipalities, however, hesitate to embrace transparency, fearing additional bureaucracy instead of reduction.
The transparency law is intended to ensure reasonable access to information from public administration and proactive publication of data. This step, according to Susanne Scherz, head of the public order office, sets standards in digital administration and improves service quality for customers.
The delayed adoption of luggage with wheels serves as a cautionary tale, reminding us that progress often faces resistance and that change, though necessary, can take time. The transparency law, as with the suitcase with wheels, is a step towards making life easier and more transparent for all.
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