Germany's EU Data Act Implementation Law Progresses, Expanding Oversight and Fines
Germany's implementation of the EU Data Act is still in progress, with no public information on the stances of the Bundesrat and Bundestag as of November 2, 2025. The Data Act Implementation Law, or DADG, is yet to be finalized and adopted.
The EU Data Act, effective since September 12, 2025, currently applies in Germany without a national implementation law. The government has chosen to centralize data protection oversight with the Federal Commissioner for Data Protection and Freedom of Information (BfDI), who will work alongside sector-specific authorities. For GDPR-related breaches, the BfDI retains jurisdiction and applies the existing GDPR penalty framework.
The DADG must navigate the standard legislative process, including statements in the Bundesrat and readings in the Bundestag, before a final vote in the lower house. If approved, the law will enter into force one day after its promulgation. The Federal Network Agency (BNetzA) will have expanded powers, acting as the primary point of contact for Data Act compliance. It will oversee approval of dispute resolution bodies, enforcement of Article 38 obligations, and initiation of administrative fine proceedings. Fines will be tiered, ranging from €500,000 for minor violations to 2% of global annual revenue for severe infringements by large entities.
Germany's Data Act Implementation Law is making its way through the legislative process. Once adopted, it will centralize data protection oversight with the BfDI, expand the BNetzA's role, and introduce tiered administrative fines. The law's final form and timeline depend on the ongoing legislative process.
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