The first of them, Act of 17 June 2024 No. 190 “On Amendments to Criminal Code – on Criminal Liability for Improper Interest Representation” (Gesetz zur Änderung des Strafgesetzbuches – Strafbarkeit der unzulässigen Interessenwahrnehmung) introduces criminal liability (article 108f of the Criminal Code) for:

• Demanding an unjustified pecuniary advantage for themselves or a third party in return for performing or refraining from performing an act to protect the interests of the party offering the advantage or a third party during their mandate. Any action (omission) in the interest of the bribe-giver regardless of whether the bribe-taker has the necessary mandate will be considered a crime;
• Offering, promising or granting such unjustified pecuniary advantage.

The article is applicable to the following officials:

• Members of the Bundestag and state parliaments;
• German members of the European Parliament;
• Members of the parliamentary assembly of international organizations.

Improper interest representation is punishable by imprisonment for up to three years or a fine.

The second legal act adopted earlier this year is Act of 18 January 2024 No. 10 “On Amending Act of 16 April 2021 “On Establishing Lobby Register to Represent Interests in Bundestag and Federal Government” (Gesetz zur Änderung des Lobbyregistergesetzes) that entered into force on 1 March 2024, amends the Act of 16 April 2021 “On Establishing Lobby Register to Represent Interests in Bundestag and Federal Government” (Gesetz zur Einführung eines Lobbyregisters für die Interessenvertretung gegenüber dem Deutschen Bundestag und gegenüber der Bundesregierung) and includes, in particular, the following novelties:

1. Extends the Act to all servants of bodies, committees, parliamentary factions and groups of the Bundestag;

2. Expands the list of conditions implying the need to register in the Lobby Register (hereinafter, the Register): from now on, lobbyists must submit information on interest representation in the event that:

• Interest representation is carried out on a commercial basis in the interest of third parties;
• A lobbyist has engaged in more than 30 lobbying contacts within three months (the previous threshold was lower, over 50 contacts within three months);
• Interest representation is exercised in exchange for a remuneration;

3. Expands the list of data necessary for making entry in the Register, including the following information:

• For lobbyists who are natural persons: 1) name of the organisation where he/she serves (is employed), 2) information on the membership in associations (for example, in trade unions) related to interest representation, 3) family name, name, information on academic degree (if desired), pseudonym and/or religious name (if desired) of the persons entrusted with interest representation;
• For lobbyists that are legal persons, organisations in the form of a partnership or organisations in another form: 1) number of employees / for member organisation – number of members by natural persons, legal persons, organisations in the form of a partnership and organisations in another form, 2) information on membership in other member organisations (for example, in trade unions), related to interest representation, 3) for legal entities of public law – the indication that they are authorised to represent interests (if desired), 4) for representatives of organisations – information on membership in the Bundestag and federal government, holding the position of parliamentary secretary of state, membership in a parliamentary group or faction in the Bundestag, holding of position in the federal administration within five previous years, 5) the indication to legal acts/draft legal acts with regard to which interest representation is planned;

4. Obliges lobbyists to disclose their main clients in case of subcontracting;

5. Deprives the lobbyists of the right to publish certain data included in the Register and provide open access to it: for example, previously, they could refuse to publish financial information;

6. Entitles the unit of the administration of the Bundestag responsible for maintaining the Register to demand the confirmation of the information provided and fine and/or permanently exclude the persons who violate the legislation on lobbying from the Register;

7. Introduces liability for failure to confirm and/or update the data in the Register annually in the form of a fine of up to €50,000 in case of deliberate commission of relevant actions or up to €20,000 in case of negligence.