How Germany's Freedom of Information Act Works in Practice

Germany's Freedom of Information Act (Informationsfreiheitsgesetz, IFG) gives every natural or legal person — German or foreign — an unconditional legal right to access information held by the country's federal authorities. The entitlement covers replies to questions, inspection of files and other forms of access, and it does not require applicants to show any particular interest in the material they request.

Applications can be made informally, with no prescribed form, and the authority concerned is required to respond promptly — within one month at the latest. Simple inquiries are free of charge, while more extensive requests carry fees that are scaled to the administrative effort involved, under the fee schedule set out in the Informationsgebührenverordnung (IFGGebV).

The right is not absolute. Federal authorities remain obliged to protect certain public interests, including international relations, external and internal security, and existing secrecy or confidentiality obligations (Section 3 IFG). Protection also extends to internal decision-making processes and to personal data. In addition, no access may be granted where this would conflict with intellectual property protection, and trade and business secrets may only be disclosed with the consent of the party concerned (Section 6 IFG). Where third-party interests are affected, those parties must be given a written opportunity to comment before disclosure takes place (Section 8 IFG).

Environmental information, meanwhile, can also be requested under the separate Environmental Information Act (UIG), which runs alongside the general law. Requests directed at the Federal Ministry for Economic Affairs and Energy go to its Central Legal Department in Berlin, by fax or through the ministry's email form. The Federal Commissioner for Data Protection and Freedom of Information offers further guidance on rights under the IFG.

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Where Transparency Meets Its Limits: Security, Secrets and Third Parties

A Presumption of Disclosure That Is Unusual in Germany

Many German administrative procedures require applicants to demonstrate an interest before access is granted. The IFG deliberately reverses that logic: any individual or company, regardless of nationality, can demand information from federal authorities without stating a reason. In practice this makes the law one of the lowest-barrier routes to official documents in the German system, and a standard tool for journalists, researchers and interest groups scrutinising federal ministries.

Where the Right Stops: Security, Secrets and Third Parties

The carve-outs matter as much as the entitlement itself. Section 3 IFG shields not only security and foreign-relations matters but also internal decision-making processes, which covers much of the preparatory work behind policy. For companies, the decisive safeguards are Sections 6 and 8: trade and business secrets can only be released with the consent of the owner, and affected third parties get a formal right to comment before disclosure. Any business that submits pricing, technical data or contract details to a federal authority should therefore treat those documents as potentially disclosable unless they are explicitly protected as trade secrets.

A Second Route for Environmental Data

The parallel Environmental Information Act (UIG) is a reminder that transparency in Germany is not governed by a single statute. Because the UIG sets its own access rules for environmental data, requesters can choose the legal path that gives them the broader right. For ministries such as the BMWi, this means managing freedom-of-information requests under two overlapping but distinct regimes.

How to File a Request — and What Companies Should Watch For

For requesters:

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  • No special form or stated interest is required — an informal letter or email describing the documents sought is enough to start the process, and the authority must respond within one month at the latest.
  • Start with simple inquiries: basic information is free, while fees under the IFGGebV only apply according to administrative effort.
  • For environmental data, consider the Environmental Information Act (UIG) as a separate and potentially broader route to access.

For companies handling federal contracts:

  • Mark commercially sensitive data as business or trade secrets before submitting it to federal authorities; under Section 6 IFG, disclosure requires the consent of the party concerned.
  • Watch for consultation notices under Section 8 IFG — they give affected parties a written chance to object before third-party information is released.