As the members vote of the Social Democrats (SPD) has cleared the way for a new government, we would like to summarize what the new government has planned for the media and digital sector. This article is based on the so-called “coalition agreement”, in which the parties of the future government describe and agree on what they intend to do.
The future government has outlined the ambitious goal of making Germany Europe’s leading “AI Nation.” At the core of this vision are substantial investments into developing a high‑performance cloud and AI infrastructure to serve as the foundation for data‑driven applications. Significant resources will also be devoted to integrating artificial intelligence with robotics. Lightweight construction technologies and 3D printing are identified as key drivers for modernizing traditional manufacturing processes.
“Public money, public data” is the principle which shall make sure that any data generated with public funds is generally available for governmental and societal use. To this end, the future government plans a comprehensive “Data Code” to consolidate existing regulations and to establish a right to open data related to government institutions. Coupled with strengthened data trustees this measure is intended to ensure trust in the quality and integrity of such datasets.
There are plans to reorganize data protection supervision by bundling responsibilities and competencies under the Federal Commissioner for Data Protection, who may be renamed the Federal Commissioner for Data Use, Data Protection and Freedom of Information. The Data Protection Conference (DSK) will be anchored in the Federal Data Protection Act (BDSG) in order to continuously develop common standards. For public services, the future government aims to replace consent-based processes with “opt‑out solutions” where feasible. At the European level, it will seek to exempt nonprofit associations, small and medium‑sized enterprises, and low‑risk data processing from the scope of the GDPR.
A key priority is the digitalization of public administration and the justice system. Administrative processes will be automated and accelerated, with AI playing a key role. Formal requirements for written documentation will be eased so that digital documents can be used without legal barriers. A nationwide “Justice Cloud” is also planned, into which case files and documents from courts and public prosecutors’ offices will be migrated. This will be complemented by a user-friendly "Justice Portal" offering digital filing procedures, an enforcement register and, in the future, AI-assisted support functions - particularly aimed at significantly shortening civil proceedings.
The parties in the future government intend to implement EU digital legislation in Germany in an innovation-friendly and coherent manner. They plan to set up a central service office to manage the national implementation of the AI Act in order to minimize bureaucratic hurdles for companies. To strengthen digital resilience against cyber threats, the EuroStack initiative will be supported. Regarding platform regulation, the focus will be on rigorous enforcement of the Digital Services Act (DSA). Providers will be required to promptly remove illegal content and actively combat systemic risks such as disinformation. The future government will also explore mandatory bot identification and a ban on manipulative design practices ("dark patterns"). At the same time, criminal law will be modernized to close gaps in the prosecution of deepfakes and image‑based sexual violence, and platforms will face stricter cooperation obligations. The planned “Digital Violence Protection Act” will enable the blocking of anonymous hate accounts and create an interface for law‑enforcement authorities. Independent bodies in media supervision will receive clear legal mandates to counter manipulation of information, hate, and incitement on digital platforms. The mass and coordinated use of bots and fake accounts will be prohibited. Finally, Germany will proceed with implementing the NIS 2 Directive, the implementation deadline having already passed.
Consumer and contract law will also become more digital. So-called "smart contracts" will allow simple compensation and refund cases - such as ticket purchases - to be processed almost automatically via pre-populated online forms where the necessary data is already available. A reform of the law on standard terms and conditions (AGB) is planned to give large companies confidence that their mutually agreed terms will be reliably recognized in practice; this may entail a relaxation of the control of terms in B2B transactions. For telephone-based subscription agreements, a universal confirmation solution will be introduced to avoid burdensome follow-up verifications. The "by design" and "by default" principles will oblige providers to make digital offerings consumer-friendly from the outset.
According to the coalition agreement, the government aims to strike a fair balance between creators, industry, and users. Notably, it proposes to compensate authors for the use of their works in generative AI systems - suggesting a form of copyright levy. In the digital music market, streaming platforms would be required to transparently share revenues with artists.
Many topics are described only in broad strokes, but the coalition agreement between the conservative parties (CDU/CSU) and the SPD does contain some specific initiatives. Whether and to what extent these plans will be implemented remains to be seen. In any case, the declared objectives are to digitize processes, reduce bureaucracy, and make significant investments in the digital space. We will continue to follow developments closely.
Fabian Eckstein
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