Goodbye official secrecy - new laws, new obligations, new opportunities:
From September 1, 2025, the new Freedom of Information Act (IFG) will require public authorities to disclose information. While this strengthens transparency, it also raises challenges: legitimate confidentiality interests must still be safeguarded. The legal situation is especially complex for private entities affiliated with the state. Ultimately, the IFG is about balancing interests. With clear, practical advice, organizations can understand their obligations, minimize risks, and seize strategic opportunities under the new information regime.
How we can support you:
- Assessment and submission of information requests
- Safeguarding confidentiality interests
- Guidance on balancing competing rights, especially where disclosure intersects with:
- Data protection
- Trade and business secrets
- Intellectual property rights
- Compliance reviews (eg contracts) and tailored training
- Representation before public authorities and courts
Key Legal Changes:
- A constitutionally guaranteed right to information for everyone
- Publication obligations – proactively or on request
- Introduction of a new enforcement procedure
- Balancing test for confidentiality vs disclosure
- Establishment of a central information register
Market Impact:
- High stakes for compliance: Missteps can result in legal disputes, liability claims, and reputational damage
- Reduced confidentiality: Competitors may gain access to contracts, particularly in procurement and open tendering