1. Media attention and allegations of excessive lobbying

Engaging with politicians and officials in order to advocate for specific political interests is a common practice aimed at ensuring that the concerns of businesses and organized social groups are reflected in political decision-making. 

However, lobbyists often come under critical media scrutiny. A specific focus frequently lies on the pharmaceutical industry. The chain of events is often the same: 

• Investigative journalists obtain documents through requests and/or lawsuits against the relevant Ministries under the Freedom of Information Act. 

• These documents suggest that ministry officials may have been swayed by interest representatives during the adoption of a law. 

• The investigation links legislative decisions to alleged benefits provided to an individual, a party of even just a region important to the individual or the party. 

In some instances, publicly raised allegations lead to investigations by public prosecutors. However, in most cases, claims of excessive lobbying cannot be substantiated. Nonetheless, the media attention surrounding these issues raises public concerns about the political influence exerted by large corporations and financially powerful interest groups which in turn increases the risk of investigations.

2. Regulation of lobbying activities in Germany

While there is no comprehensive single law that regulates lobbying activities in Germany, there is a complex set of rules to be aware of: 

• Lobbying register law: Under the lobbying register law, interest representatives are required to register in the federal lobbying register if their involvement in the decision-making processes of government and parliament members reaches specific thresholds. The federal lobbying register is fully accessible online and includes extensive information about entities engaged in lobbying efforts. Failing to register or update relevant information can lead to fines of up to EUR 50,000, as well as additional sanctions such as exclusion from hearings and consultations during legislative processes. Furthermore, any agreements that tie compensation to successful lobbying outcomes, commonly referred to as success fees, are strictly prohibited under the lobbying register law. 

• Transparency regulations: A set of regulations is in place to ensure transparency in lobbying activities. Lobbyists should therefore be aware that their engagement may be made public. For instance, comments from trade associations on draft bills must be published alongside the bills. Moreover, members of the German Parliament are required to disclose any earnings that exceed their statutory payments. This applies for example to payments for speeches and lectures organized by lobbyists. Donations to political parties above certain amounts must be published periodically and reported to the president of the German parliament. Additionally, violations of the code of conduct for lobbying activities may be made public. 

• Restrictions on politicians and government officials: To ensure the independence of politicians and government officials, certain restrictions are placed on their involvement in the private sector. Ministers and deputy ministers are prohibited from pursuing any other profession during their term. Furthermore, any transition of government officials to roles in the private sector, known as the “revolving door” practice, must be reported to and approved by the government.

• Criminal liability: Lobbying activities may result in criminal liability of interest representatives. Potential offenses include corruption, bribery or “inadmissible perception of interests”. In particular, it is a criminal offense to promise, offer or provide any benefit or advantage to members of a legislative body in exchange for performing certain acts or promoting specific interests within the scope of their mandate or political capacity. This includes actions such as introducing particular amendments to draft regulations, altering voting behavior in parliament or writing letters to ministries that support lobbying interests. The penalties for such offenses can be severe, with prison sentences up to 10 years. 

3. Best practices regarding lobbying efforts

When engaging in lobbying activities, the following best practices should be observed: 

• Lobbyists should adhere to the applicable codes of conduct. The representation of special interests must be conducted transparently in all interactions with members of government or parliament. Interest representatives should follow the principles of truthfulness, confidentiality, integrity, non-discrimination and the absence of financial incentives. 

• Lobbyists should follow the practical guidance outlined in the manual for interest representatives regarding registration in the federal lobbying register.

• Information about lobbying efforts must be provided and updated regularly. 

• There should be a strict separation between professional conduct and political office if the lobbyist holds such a position.

• Internal lobbying policies should be established, and employees trained accordingly. Internal documentation should be collected for entries in the lobbying register. 

• Ongoing developments should be monitored closely.