The German Federal Ministry of the Interior (BMI) has published new guidelines on the scope and application of the so-called ‘No-Spy Decree’. The decree requires anyone submitting a tender to German public authorities to declare if they are subject to a legal obligation to secretly disclose sensitive information to foreign intelligence services. The aim of the decree is to alleviate the burden of proof in favour of Germany because of the difficulty in verifying this type of disclosure. Accordingly, the declaration of a legal obligation to disclose confidential information or business secrets to third parties will be considered sufficient in order to exclude a tender from the bidding process.

No Spy Decree and No-Spy Decree guidelines