Bundesrechtsanwaltskammer

BRAK

The German Federal Bar represents the interests of the legal profession and its regional associations.

Lobbying Activity

Response to Revision of EU antitrust procedural rules

30 Sept 2025

For the position of The German Federal Bar on the revision of EU antitrust procedural rules, please see the document attached.
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Meeting with Birgit Sippel (Member of the European Parliament, Rapporteur)

20 Mar 2025 · ePrivacy and potential follow-up

Meeting with Florian Geyer (Head of Unit Justice and Consumers) and Česká advokátní komora and

3 Feb 2025 · Rule of Law

Meeting with René Repasi (Member of the European Parliament)

14 Jan 2025 · Parlamentarischer Abend - Gedankenaustausch über aktuelle rechtspolitische Themen

Meeting with Nils Behrndt (Deputy Director-General Justice and Consumers)

14 Jan 2025 · - Challenges for the German legal profession and the judiciary - Digitalisation in the field of justice and the Commission's Digital Justice at 2030 strategy; - Access to electronic evidence in the context of law enforcement

Meeting with Florian Geyer (Head of Unit Justice and Consumers)

14 Jan 2025 · Rule of Law

German Federal Bar warns against mandatory reporting for lawyers

23 Apr 2024
Message — The association supports preventive measures but opposes mandatory reporting obligations for lawyers. They argue these requirements conflict with legal professional secrecy and infringe on national criminal systems.12
Why — This would preserve the essential confidential relationship between legal professionals and their clients.3
Impact — Law enforcement agencies lose a reporting mechanism intended to uncover hidden abuse crimes.4

Response to Proposal for a Directive on cross-border activities of associations

8 Apr 2024

Sehr geehrte Damen und Herren, die Bundesrechtsanwaltskammer (BRAK) bedankt sich für die Möglichkeit zum Vorschlag für eine Gesetzgebungsinitiative zu grenzübergreifenden Tätigkeiten von Vereinen mit der angehängten Stellungnahme Position beziehen zu dürfen.
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German Federal Bar demands better protection for lawyer-client confidentiality

8 Feb 2024
Message — They request stronger legal safeguards for professional secrecy during supervisory activities. They propose creating independent, self-regulated data protection authorities for lawyers.12
Why — These reforms would reduce regulatory interference in confidential lawyer-client relationships.3
Impact — National supervisory authorities would face significant restrictions on their investigative powers.4

German Federal Bar opposes new EU late payment enforcement bodies

6 Nov 2023
Message — BRAK demands keeping the 60-day payment deadline for complex invoices. They also oppose creating new administrative enforcement authorities for payment disputes.12
Why — This preserves the independence of the civil legal system from government interference.3
Impact — Subcontractors and small suppliers may face more frequent invoice disputes.4

Response to Compulsory licensing of patents

12 Jul 2023

Please find attached the position paper of the German Federal Bar on compulsory licensing (in German language).
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Response to Enhancing the convergence of insolvency laws

28 Feb 2023

Please find attached the position paper of the Bundesrechtsanwaltskammer on the matter, in German language. Do not hesistate to get back to us for any queries.
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German Federal Bar defends lawyer confidentiality in sanctions directive

30 Jan 2023
Message — The association demands that legal advice remains exempt from criminalization to protect confidential counsel rights. They argue that the distinction between legal advice and representation is unclear and legally untenable. Additionally, they call for the removal of negligence-based penalties for legal professionals.123
Why — This would prevent law enforcement from accessing confidential communications and reduce lawyers' legal liability.45
Impact — Law enforcement agencies would have less power to investigate crimes facilitated through legal consultation.67

Response to Review of the Designs Directive

27 Jan 2023

Please find the feedback of Bundesrechtsanwaltskammer attached. It is a joint feedback on the Directive (p. 3-6) and the Regulation (p. 6) with a common intro (p. 2-3) and common conclusions (p. 7). We will upload this document as well as a feedback for Regulation. Please do not hesitate to get back to us if you have any questions. Many thanks.
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Response to Review of the Community Designs Regulation

27 Jan 2023

Please find the feedback of the Bundesrechtsanwaltskammer attached. It is a joint feedback on the Directive (p. 3-6) and the Regulation (p. 6) with a common intro (p. 2-3) and conclusions (p. 7). We will upload this document as well as a feedback for Directive. Please do not hesitate to get back to us if you have any questions. Many thanks.
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Response to DMA Implementing Regulation

9 Jan 2023

Dear Ladies and Gentlemen, please find the statement attached. Best regards.
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German Federal Bar urges clarity on shipping procurement rules

30 Sept 2022
Message — The organization requests legal clarification on whether joint procurement activities are covered by the regulation. They seek to resolve uncertainty regarding which market share thresholds apply to purchasing cooperations.123
Why — Legal certainty would simplify compliance assessments and reduce regulatory risks for legal professionals.45

German Federal Bar Demands Exemptions to Protect Professional Secrecy

13 May 2022
Message — The organization requests specific exemptions for professional secrecy holders to ensure legal confidentiality and independence. They suggest narrower definitions of data holders to prevent unfeasible organizational and legal requirements.12
Why — This would allow the legal profession to avoid complex new compliance costs and mandates.3
Impact — Public authorities lose the ability to access data from legal professionals during exceptional needs.4

German Federal Bar warns against eroding EU patent protection

29 Apr 2022
Message — The organization calls for a clear distinction between emergency management and general technology access. They stress that any harmonization must avoid eroding the substance of patent protection.123
Why — Strict licensing conditions would preserve high-value patent assets for the Bar's clients.45
Impact — Third parties and the green transition could suffer from restricted technology access.67

Response to Fight against counterfeiting

3 Mar 2022

Die Stellungnahme der Bundesrechtsanwaltskammer findet sich im Anhang.
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Response to EU Anti-money laundering supervisor

29 Nov 2021

Please find attached the position paper of the German Federal Bar (Bundesrechtsanwaltskammer).
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Response to Digital Services Act package: ex ante regulatory instrument of very large online platforms acting as gatekeepers

4 May 2021

Die Bundesrechtsanwaltskammer nimmt im anliegenden Positionspapier Stellung zum Gesetzesvorschlag über digitale Märkte.
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Response to Revision of the NIS Directive

3 Mar 2021

s. Stellungnahme in der Anlage
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Response to Digitalisation of justice in the European Union

22 Sept 2020

s. Stellungnahme in der Anlage
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Response to Action Plan on anti-money laundering

11 Mar 2020

s. Stellungnahme in der Anlage
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Meeting with Thomas Zerdick (Cabinet of First Vice-President Frans Timmermans)

5 Dec 2017 · Rule of Law