Telecommunications Regulation in Germany: The TKG in 2026

Telecommunications regulation in Germany: the overview

Telecommunications regulation in Germany is anchored in the Telecommunications Act (Telekommunikationsgesetz, TKG), which was fully revised in 2021 to transpose the European Electronic Communications Code (Directive (EU) 2018/1972). The TKG pursues technology-neutral regulation to promote competition and high-capacity infrastructure and to ensure adequate services across the country (§ 1(1) TKG). It applies to all companies and persons that operate telecommunications networks or facilities or provide telecommunications services in Germany (§ 1(2) TKG).

The Federal Network Agency (Bundesnetzagentur) is the central regulator. It handles notifications, market regulation of operators with significant market power, frequency allocation, numbering, consumer protection and dispute resolution. Data protection and the confidentiality of communications are governed separately by the Telecommunications Digital Services Data Protection Act (TDDDG), with supervision by the Federal Commissioner for Data Protection.

For businesses, telecommunications regulation matters in three roles: as providers of networks or services, as investors in infrastructure such as fibre and towers, and as large users negotiating connectivity contracts. This article focuses on the rules that most often affect those decisions.

Notification duty and who is regulated

Germany does not require a licence to operate most telecoms networks or services. Instead, anyone who commercially operates public telecommunications networks or provides publicly available telecommunications services – other than number-independent interpersonal communications services such as many messaging apps – must notify the Federal Network Agency without undue delay of the intended start, change and termination of the activity, and of changes to its name, legal form and address (§ 5(1) TKG). The notification uses a prescribed form. On request, the agency confirms completeness within one week and certifies the rights the company enjoys under the TKG (§ 5(3) TKG).

The scope questions are often less obvious than they look. Typical borderline cases include:

• enterprise networks and campus networks that are offered to third parties;
• Wi-Fi access offered as part of another service, such as in hotels or retail;
• IoT and machine-to-machine connectivity bundled into products;
• cloud communications and unified communications platforms that use numbers;
• housing companies and municipal utilities operating in-building or local fibre networks.

Number-independent services are outside the notification duty but remain subject to certain TKG rules and to the TDDDG. Using telephone numbers brings numbering rules, emergency call obligations and lawful interception duties into play, which can require significant technical investment.

Consumer protection rules in the TKG

Telecommunications regulation contains detailed consumer protection rules that go beyond general contract law. The main ones are summarised below.

Several of these rules also protect business end users, for example the one-month termination right after tacit renewal in § 56(3) TKG, which applies to contracts between an "end user" and a provider. Companies should check their own connectivity contracts with this in mind. Providers should treat these rules as part of their product design: they affect pricing models, bundling with devices, and retention strategies. The Federal Network Agency and consumer associations actively enforce them.

Enterprise connectivity contracts

Large business customers usually negotiate framework agreements for fixed lines, mobile fleets, SD-WAN and cloud connectivity. Many of the TKG consumer rules do not apply to them, so the contract must do the work: service levels for availability and repair times, credits and termination rights for chronic failures, technology migration clauses for the copper switch-off, rules on number porting and a clear exit plan. Security commitments are increasingly important, especially where the customer itself is regulated under NIS2 or DORA and must pass security requirements down its supply chain.

Market regulation, access and network security

A second pillar of telecommunications regulation is ex ante market regulation. The Federal Network Agency defines the relevant markets, taking utmost account of the Commission's recommendation on relevant markets (§ 10 TKG), and applies a three-criteria test to decide whether a market is susceptible to regulation (§ 11 TKG). Where an operator has significant market power, the agency can impose access, non-discrimination, transparency, accounting separation and price control obligations (§ 13 TKG). In Germany this mainly concerns wholesale access to the incumbent's copper and fibre networks.

For alternative operators and investors, these decisions shape business cases: wholesale prices, access to ducts and the terms of migration from copper to fibre determine how quickly new networks can attract customers. Regulatory commitments, such as co-investment offers or open access, can also be relevant in merger control and state aid proceedings.

Security obligations and incident reporting

Anyone who provides telecommunications services or participates in doing so must take appropriate technical precautions to protect the secrecy of telecommunications and personal data, taking into account the state of the art (§ 165(1) TKG). Operators of public networks and providers of publicly available services have further duties to protect against disruptions and attacks (§ 165(2) TKG). The details are set out in a catalogue of security requirements issued by the Federal Network Agency in agreement with the BSI and the Federal Data Protection Commissioner (§ 167 TKG), which also identifies critical functions and components.

Significant security incidents must be reported to the Federal Network Agency and the BSI, with an early warning without undue delay and at the latest within 24 hours of becoming aware of the incident, followed by a further notification within 72 hours (§ 168(1) TKG). Telecoms providers are also within the scope of the NIS2 implementation in the BSI Act. The use of critical components in telecoms networks can also be subject to additional federal review under the BSI Act, a point that matters in procurement and vendor selection.

Gigabit rollout and the overriding public interest

Germany's policy goal is nationwide fibre and the latest mobile standard. Telecommunications regulation supports this through several tools: rights of way over public roads, co-use of existing infrastructure such as ducts and masts, coordination of civil works, and in-building wiring rules. In 2025 the Bundestag adopted an amendment to the TKG declaring network rollout to be in the overriding public interest. The consolidated text of § 1(1) TKG now provides that the laying and modification of telecommunications lines for the expansion of public telecommunications networks are in the overriding public interest until the end of 31 December 2030.

The status matters in permitting. Where authorities must balance interests – for example in nature conservation, monument protection or road law decisions – the overriding public interest gives rollout projects additional weight. It does not remove the need for permits, but it changes the starting point of the balancing exercise and can shorten disputes.

For investors, fibre and tower transactions raise specific due diligence points: the scope of rights of way and permits, co-use obligations, open access commitments made in subsidy programmes, wholesale agreements and the regulatory position of the seller. Funding conditions under state aid rules can impose long-term wholesale access duties that buyers inherit.

The right to fast internet

Since the 2021 reform, consumers have a legal right to a minimum supply of telecommunications services. Under § 157 TKG, at least voice communications and a fast internet access service enabling adequate social and economic participation must be available at a fixed location. The Federal Network Agency monitors availability.

The minimum requirements are set by ordinance. The current § 2 of the Telecommunications Minimum Supply Ordinance (TKMV) requires a download bandwidth of at least 15.0 Mbit/s, an upload of at least 5.0 Mbit/s and latency of at most 150 ms. Where the market does not deliver, the Federal Network Agency can oblige providers to supply, and the cost can be financed through a levy on providers. For businesses, the practical relevance lies mainly in remote sites and in the obligations that supply orders can create for regional operators.

The proposed EU Digital Networks Act

EU telecommunications regulation is changing. According to the EU's open data portal, the European Commission adopted its proposal for a Digital Networks Act in January 2026 (source dated 13 March 2026). The proposal would replace and consolidate existing instruments, including the European Electronic Communications Code and key parts of the Open Internet Regulation, in a directly applicable regulation. Its main features include a single passport allowing providers to notify in one Member State and operate across the EU, and an EU-level route for satellite spectrum authorisation.

As of November 2026, the Digital Networks Act is a legislative proposal in the ordinary legislative procedure and is not yet law. Its content may change substantially in Parliament and Council. Companies should nevertheless assess its likely effects on authorisation, spectrum, network access and consumer rules, because a regulation would replace parts of the TKG rather than require transposition. We will update this article as the procedure advances.

Practical steps for businesses

1. Map your activities. Check whether you operate a public network or provide a publicly available service, and whether you have notified the Federal Network Agency.
2. Review consumer products. Test contract terms, summaries, bundles and change processes against §§ 54–58 TKG.
3. Plan rollout permits. Use the overriding public interest in § 1(1) TKG in permit applications and objections.
4. Diligence infrastructure deals. Review rights of way, co-use obligations, subsidy conditions and wholesale commitments.
5. Prepare for EU reform. Track the Digital Networks Act and assess how a single passport or new access rules affect your model.

How TRW & Co helps with telecommunications regulation

We advise network operators, service providers, investors and corporate users on telecommunications regulation in Germany. We assess notification and scope questions, review consumer contracts and product launches against the TKG, support rollout projects in permitting, and carry out regulatory due diligence in fibre, tower and data infrastructure transactions. We also help businesses negotiate enterprise connectivity contracts. Our work connects with our data and digital and infrastructure projects practices, the technology and media sector team, and our article on the Digital Services Act. Please contact us. This article is general information and not legal advice.