Digital Policy Between Self-Discovery and Legacy Issues: eco Association Takes Stock of the German Federal Government’s First 100 Days

The Association of the Internet Industry calls for clear responsibilities, strategic coordination and bold decisions on AI, digital administration and data centres.

Berlin, 13 August 2025 - After 100 days of the new German federal government, eco - Association of the Internet Industry has drawn up a mixed assessment. With the new German Federal Ministry for Digitalisation and State Modernisation (BMDS), a central long-standing demand of the industry has been fulfilled - but many core digital projects have not yet crossed the starting line. eco sees an urgent need for action, particularly regarding artificial intelligence, data centres, administrative digitisation and data protection. The association also critically evaluates the plans for data retention in the new security package.

"100 days after taking office, digital policy must no longer get lost in debates over responsibilities - we now need speed, leadership and the will to shape the future," says Oliver Süme, Chair of the Board of eco.

BMDS: a long overdue step - with an open goal

The establishment of the BMDS is a positive signal, but the ministry still lacks enforcement capabilities. With the now finally published organizational chart, responsibilities are at least clearer.

However, eco maintains: Without binding steering responsibility, the new ministry cannot fully fulfil its role as a digital policy control centre.

AI governance: fragmentation instead of leadership

Key AI policy issues remain unresolved. Leadership lies partly with the BMDS (AI Act, international AI strategy, location policy), partly with the German Federal Ministry for Economic Affairs and Energy (competition law, DMA) and partly with the German Ministry of Education and Research (EU AI Gigafactories). From eco's perspective, this fragmentation jeopardises the coherent implementation of the AI Act and paralyses investment.

"Artificial intelligence must become a top priority - and that means clear responsibilities, clear communication and practical implementation," says Süme.

Data centres: strategy announced, but implementation remains unclear

A national strategy for data centres has been announced, but when it will appear and what specific relief it will bring for the industry remains unclear.

At the same time, rising energy prices are making German operators less competitive internationally. eco is calling for a review of energy efficiency requirements and an adjustment of state aid rules to enable relief on energy prices. Access to electricity grid connection capacity must also be guaranteed.

Clear criticism of Dobrindt's surveillance plans: Data retention is constitutionally questionable and politically backward

Despite clear rulings by the CJEU and the German Federal Administrative Court, the new Interior Minister Alexander Dobrindt has announced mandatory storage of all IP addresses. This form of indiscriminate surveillance over a period of several months violates EU law, creates considerable legal uncertainty and places an unnecessary burden on infrastructure operators. Even the German Federal Criminal Police Office (BKA), based on the German-language study on reports of suspected child pornography, assumes that the success rate does not increase significantly increase beyond a storage obligation of two to three weeks.

eco continues to call for legally secure solutions that better protect fundamental rights; at the very least, the duration of IP address storage should be reduced to a minimum.

Simplifying data protection: creating relief for companies

From the perspective of the Internet industry, it is now crucial to press ahead with simplifying data protection rules for companies. The coalition agreement promises to consolidate data protection supervision and data use issues under the German Federal Commissioner for Data Protection and Freedom of Information (BfDI). This would enable the uniform application of European requirements. We also look forward with interest to the Data Act announced in this context. The Internet industry urgently needs relief in Germany - not only in an international context, but also within Europe. The problem: BMDS is not responsible for data protection in the economy, and fragmented responsibilities persist, creating problems for the economy.

eco names important digital policy priorities for the next 100 days

From the perspective of eco - Association of the Internet Industry, the following tasks are now in focus:

• Reduce bureaucracy: The German Energy Efficiency Act in particular urgently needs improvements to relieve digital companies.
• Advance innovation: For artificial intelligence and digital business models, we need a legal framework that enables the use of technologies in a transparent and proportionate manner, rather than additional requirements.
• Strengthen cybersecurity: Implementation of NIS 2.0 and TK-NABEG must be swift and practical.
• Modernise data protection supervision: An efficient, innovation-friendly reorganisation of supervisory structures is long overdue.
• Implement the Digital Services Act: The German Federal Network Agency (BNetzA) must be adequately staffed so that it can effectively fulfil its tasks under the DSA.
• Advance digital identities: Viable solutions are now needed for their comprehensive and secure use.
• Accelerate the digitisation of public administration: The "Germany Stack" must be approached in close cooperation with the industry.