The Lobbying Register and the Federal Legislative Process

How federal laws are made

Understanding the federal legislative process is the starting point for any engagement, and the lobbying register defines the transparency duties that come with it. Most federal legislation in Germany starts as a government bill. A federal ministry drafts a ministerial draft (Referentenentwurf), consults other ministries, the states, associations and experts, and then submits the bill to the federal cabinet.

Once adopted by the cabinet, government bills are first sent to the Bundesrat, which may comment within six weeks, or nine weeks if it requests an extension for important reasons (Article 76(2) GG). The government replies to the Bundesrat's comments and submits the bill to the Bundestag. Bills can also be introduced from the floor of the Bundestag or by the Bundesrat.

In the Bundestag, the bill is debated in first reading and referred to committees, which often hold public hearings with experts. The committee's recommendation forms the basis for the second and third readings, after which the Bundestag adopts the law. The law is then sent to the Bundesrat (Article 77 GG). For laws requiring its consent (Zustimmungsgesetze), the Bundesrat can block them; for other laws (Einspruchsgesetze), it can call the mediation committee within three weeks and lodge an objection, which the Bundestag can override. Finally, the law is signed by the Federal President and published in the Federal Law Gazette.

For companies, the most effective moments to contribute are early: before and during the ministerial draft stage, when the structure of a law is decided, and in the parliamentary committee stage, when details are negotiated. Engaging decision-makers at these stages is legitimate and important – but it is subject to the transparency rules of the Lobbying Register Act.

Stages and entry points for companies

Many technical details are not in statutes but in ordinances (Rechtsverordnungen) adopted by the government or a ministry, sometimes with Bundesrat consent, and in guidance issued by authorities such as the Federal Network Agency or BaFin. These also involve consultations and are often where the operational requirements for companies are decided.

A large share of German legislation implements EU law. In those cases, the decisive stage is in Brussels, where the EU Transparency Register applies. By the time a directive is transposed, Germany's room for manoeuvre may be limited – although "gold-plating" and implementation choices remain important.

The Lobbying Register Act: who must register?

The Lobbying Register Act (Lobbyregistergesetz, LobbyRG) applies to interest representation towards the organs, bodies, members, parliamentary groups and groups of the Bundestag and towards the federal government (§ 1(1) LobbyRG). Contacts with Bundestag staff and, on the government side, with parliamentary state secretaries, state secretaries, heads of directorates-general, heads of directorates and heads of sub-divisions are also covered (§ 1(2) LobbyRG).

Interest representatives must register in the public lobbying register if any of the following applies (§ 2(1) LobbyRG):

1. the interest representation is conducted regularly;
2. it is designed to be long-term;
3. it is conducted commercially for third parties;
4. more than 30 different interest representation contacts were made within the last three months; or
5. it is commissioned in return for consideration.

Registration must be made without undue delay as soon as one of the conditions is met.

The Act contains detailed exemptions (§ 2(2), (3) LobbyRG).

Towards the Bundestag, for example, registration is not required for natural persons formulating exclusively personal interests, matters of an exclusively local character affecting no more than two constituencies, petitions, participation in public committee hearings and other public events, responses to direct and individual requests for factual information, and the activities of employers' and employees' associations when influencing working and economic conditions. Legal advice and representation is exempt unless it aims at the adoption, amendment or prevention of legislation by the Bundestag or a decision of the federal government outside an administrative, contractual or procurement procedure. Similar but not identical exemptions apply to contacts with the federal government.

Companies should assess carefully whether their contacts – including those by external advisers acting for them – trigger registration. In practice, most larger companies with a public affairs function, and virtually all trade associations, are registered. Smaller companies that occasionally contact members of parliament about a local project may fall under an exemption, but if they start engaging regularly on federal legislation, the threshold is quickly reached.

Contacts that count

An interest representation contact is any communication aimed at directly or indirectly influencing the decision-making process of the covered addressees. It includes meetings, phone calls, emails, letters and video calls, as well as events organised for decision-makers. Contacts by employees on behalf of the company are attributed to the company. Because the 30-contacts threshold is calculated over the last three months and counts different contacts, a short but intensive campaign – for example on a single bill – can trigger registration even if the company otherwise rarely engages in politics.

What must be disclosed

Registrants must provide extensive information (§ 3 LobbyRG), including:

• identity, address and contact details, and for legal persons their legal representatives and the persons who directly carry out interest representation;
• the fields of interest and a description of the activities;
• the specific federal or EU legislative projects (Regelungsvorhaben) targeted, where applicable with the title of the existing legislation concerned;
• statements and expert opinions on legislative projects submitted to addressees within formal participation procedures, in anonymised and machine-readable form;
• annual expenditure on interest representation, the number of employees involved, and main sources of funding, including donations and public grants above thresholds;
• where representation is commissioned, the clients.

Information must be updated, and certain data must be confirmed regularly. Registrants accept the code of conduct adopted by the Bundestag and the federal government, which requires interest representation on the basis of openness, transparency, honesty and integrity (§ 5 LobbyRG). In every contact, interest representatives must disclose their identity and their client's identity where applicable.

Fines and consequences of breaches

Failing to register, or registering incorrect, incomplete or late information, failing to update data or to confirm information in time, are administrative offences. Intentional breaches can be fined up to EUR 50,000, negligent breaches up to EUR 20,000 (§ 7(1)–(3) LobbyRG). Breaches of the code of conduct can be noted publicly in the register, which can affect a company's reputation and its standing with decision-makers.

The reputational dimension is often more significant than the fine. The register is public and closely followed by journalists and civil society organisations. Inconsistent information – for example statements submitted to ministries that are not disclosed – can attract criticism. Companies should treat lobbying register compliance as part of their broader governance and anti-corruption framework.

The lobbying register and other transparency rules

The federal lobbying register is not the only transparency instrument. The EU Transparency Register covers engagement with the European Parliament, the Council and the Commission. Several federal states have their own lobbying registers or transparency rules for their parliaments and governments. Ministries publish ministerial drafts and associations' statements on their websites, and the "legislative footprint" – information on external contributions to government bills – has become more common.

Criminal law sets the outer limits: bribery of members of parliament (§ 108e of the Criminal Code) and of public officials is prohibited, and companies must ensure that hospitality, events and sponsorship involving public officials comply with anti-corruption rules. Many companies combine lobbying register compliance with their policies on political donations, sponsoring and conflicts of interest.

Internal governance

Responsibility for the register entry should be clearly assigned, usually to the public affairs or legal function, with input from finance for expenditure figures and from the business units for the legislative projects addressed. Employees who meet decision-makers should know how to identify themselves and the company, as required at each contact, and how to report contacts internally.

Contracts with agencies, consultants and law firms engaged for interest representation should require them to comply with the Act, to name the company as client where required and to coordinate the information they register. Periodic reviews – at least once a year – ensure that the register entry reflects current activities, especially after reorganisations, acquisitions or changes in the public affairs team. Board members who personally engage with ministers or members of parliament should be included in these processes, since their contacts count as well.

Effective and lawful engagement in practice

Good engagement with the legislative process is less about access and more about substance and timing. Ministries and parliamentary rapporteurs value input that explains the practical effects of a draft on businesses, employees and consumers, supported by data, and that proposes concrete drafting solutions. Generic objections are less effective than specific proposals that address the policy goal while reducing burdens, ideally accompanied by an assessment of compliance costs and implementation time that officials can use in their own impact assessment.

Timing is equally important. Consultation periods for ministerial drafts are often short – sometimes only days – so companies should monitor announcements and coalition plans and prepare positions in advance. Coordinating with associations increases reach but can dilute specific concerns; many companies combine association work with their own direct input on issues of particular importance.

Finally, companies should keep their positions consistent across channels: what is said to the ministry, in committee statements, in the lobbying register and in public should match. Statements submitted in formal participation procedures must be disclosed in the register, and inconsistencies are quickly noticed by journalists and other stakeholders.

How TRW & Co helps

We help companies and associations engage effectively and lawfully with the legislative process. We analyse draft legislation and its impact, prepare consultation responses and committee statements, explain procedural timetables and entry points, and advise on registration and disclosure duties under the Lobbying Register Act, including internal compliance processes. Our work connects with our compliance management systems practice, our public law team, and our articles on constitutional complaints and the procurement acceleration reform. Please contact us. This article is general information and not legal advice.