On 23 February 2025, almost 60 million German voters will elect a new federal parliament in snap elections after the collapse of the governing coalition of Chancellor Olaf Scholz's Social Democrats (SPD) with the Greens (B90/Die Grünen) and the Liberals (FDP) in November 2024. A change of government with the participation of the Conservatives (CDU/CSU) and their lead candidate for Chancellor, Friedrich Merz, seems likely. In addition, a spin-off of the Left Party (BSW) will be a new party on the ballot, which has already entered government coalitions in two federal states. Polls show that the AfD will likely emerge from the elections as the strongest opposition party. All other parties have indicated not to enter a coalition with the right-wing party. Irrespective of who wins, a change in the political majorities in Germany is to be expected, which will also have an impact on European and international politics. Freshfields has the latest developments and positioning in view. In this article, we will focus on the parties’ European policy.
Key Takeaways from the party manifestos on digital policies
- The main political parties agree in general on the need for a digital ministry as well as stricter cybersecurity measures.
- Different stances on data protection all try to balance the protection of data with its use for innovation and research purposes.
- On artificial intelligence (AI), the parties have different focal points, but all recognise the importance of AI for innovation and economic growth as well as the need for regulation.
A digital ministry on the horizon
On a government structure level, the main political parties agree on the need for a digital ministry in their election manifestos, albeit with different focal points. Overall, they call for a stronger consolidation of responsibilities and a more efficient management of digital transformation to streamline digital processes and develop a coordinated strategy.
Strengthening cybersecurity
The parties also emphasise the need for higher cybersecurity standards to protect the digital infrastructure against cyberattacks. The SPD and the Greens suggest that the Federal Office for Information Security (BSI) is to become the centre for cyber and information security. The Greens call for a swift and low-bureaucracy implementation of the NIS2-Directive. Taking into account the economic point of view, the CDU wants Germany to become a world market leader in cybersecurity and IT solutions. It will be interesting to see how the implementation of the NIS2-Directive (see our posts here and here on NIS2) and the application of the Cyber Resilience Act (CRA) (see our blog post on the CRA), which was initiated in the now ending legislative period, will look like under the new government.
Balancing data protection and digital innovation
The data protection positions of the political parties in Germany within the national scope of action vary in their approaches but pursue similar goals. All parties emphasise, to varying degrees, the need to balance data protection with the use of data for innovation and research.
The CDU focuses on strengthening citizens’ data sovereignty and promoting the increased use of open data, as well as a pragmatic implementation of the GDPR with more standardised procedures. They also call for the elimination of redundant structures in data protection. The SPD focuses on a fair and lawful handling of business data and improved data protection in cases of hate crimes. The Greens highlight the importance of data collaborations for innovation but also call for the reduction of data protection bureaucracy and efficient implementation of the GDPR. The FDP advocates for reducing bureaucracy, building a future-proof data infrastructure, and improving access to research data. They also support a reform of data protection oversight and uniform application of data protection law.
Regulating and promoting artificial intelligence
Concerning the use and regulation of artificial intelligence (AI), the parties’ positions vary. They do however share the recognition of the importance of AI for innovation and economic growth, as well as the need for regulation to ensure responsible and ethical use of AI.
The CDU advocates for risk-based regulation and promotes innovation in AI through a bureaucracy-light implementation of the AI Act, as well as supporting SMEs and research. The SPD seeks a balanced regulation, focusing on fair compensation and transparency, particularly through the introduction of a bot labelling requirement and the clear identification of AI-generated music. They also intend to further develop the AI strategy focussing the development of systemic innovations such as industry-specific ecosystems and large language models (LLM) for medicine, material research and education. The Greens emphasise human rights protection and non-discrimination when using AI, while also aiming to foster innovation. The FDP aims to make Germany a leading AI hub and supports a more innovation-friendly implementation of the AI Act, while also exploring opportunities for AI use in the judiciary.
Outlook
Considering the agreement on the need for a digital ministry, this portfolio will likely be one of the first steps to be implemented irrespective of what the coalition will look like. The already initiated implementation of NIS2 and the CRA will also likely be among the first measures in the area of digital policies, even though some modifications to the drafts of the previous government are expected. Whilst the new German government is forming, the European Commission’s digital agenda is becoming more and more clear: Regulatory proposals such as the Digital Fairness Act (see our latest blogposts here) are being announced – and will certainly also affect German digital policies. The outcome of the negotiations on a coalition agreement are to be expected to see, how exactly German policymakers envisage to share the EU’s digital agenda in the years to come.
This blog post is part of our German Election Supercycle.