Challenges of the lobby register

The lobby register adopted in 2021 has been available at www.lobbyregister.bundestag.de since 01.01.2022. It provides overviews of the companies registered there and various statistics. The majority of lobbyists come from the private sector and most of those registered are legal entities (as at 03.08.2022). So it does exactly what it is supposed to do: To shape influence "with integrity". This means that it may only take place on the basis of openness, transparency, honesty and integrity, Section 5 (1) LobbyRG.

Who is subject to the duty to represent interests with integrity?

At least the legal obligation only applies to those who fall within the scope of the LobbyRG. Section 2 para. 1 LobbyRG specifies who is subject to the registration obligation. This provides for registration for every lobbyist who fulfills even one of the numbers listed there. According to Section 1 (4) LobbyRG, a lobbyist is any natural or legal person, partnership or other organization, including in the form of networks, platforms or other forms of collective activities, which itself represents or commissions the representation of interests. Representation of interests means any contact for the purpose of directly or indirectly influencing the decision-making process of the bodies, members, parliamentary groups or groups of the German Bundestag or the Federal Government. However, there is no obligation for lobbyists who fall under Section 2 (2) and (3) LobbyRG. They have the privilege of not having to disclose any (sensitive) data.

Sanctions

Section 7 LobbyRG, which standardizes the provisions on fines, makes it clear that this is indeed an obligation. Even negligent non-registration, incorrect, incomplete or untimely registration can be punished with a fine of up to 20,000 euros. In the worst case, 50,000 euros must be paid. A primarily non-monetary penalty is also imposed on anyone who does not wish to provide the information pursuant to Section 3 para. 1 LobbyRG. In principle, Section 3 para. 2 provides for such a possibility, but the refusal is noted in a separate list on the lobby register page.

Options for action

First of all, companies can have a legal check carried out to determine whether they fall within the scope of the LobbyRG at all. If so, it should be checked further to see whether an exception applies to them. If registration is unavoidable, the obligation under Section 5 LobbyRG to comply with the principle laid down therein must also be assumed. In order to meet the requirements of the LobbyRG, it also makes sense to implement the values set out there in the company's own code of conduct. The Bundestag's existing code of conduct can be helpful here. In order to avoid fines, it is essential to ensure that the required information is entered correctly, completely and on time. Continuous monitoring is recommended for this purpose.

Date: 8. Nov 2022