In late 2007, Germany adopted the proposed Act implementing Directive 2006/24/EC of the European Parliament and of the Council of March 16, 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. Under the Act, the data retention provisions are implemented into the Telecommunications Act. The Act places data retention obligations on telecommunications and Internet service providers who provide publicly accessible services to retain data for six months. The Act applies to various types of communications, including e-mail and Internet access services, telecommunications via fixed lines, and mobile telecommunications. The providers will also be required to store traffic data. However, the use of traffic data is limited to law enforcement purposes. The law has been adopted by both the lower and upper house of the German federal Parliament (Bundestag and Bundesrat). The Act came into force for telecommunications providers (with few exemptions) on January 1, 2008 and will enter into force for ISPs on January 1, 2009.

On December 31, 2007, a constitutional complaint prepared on behalf of 30,000 citizens was ready to be filed with the Federal Constitutional Court. It is claimed that the Act violates the German constitution.

The text and commentary to the Data Retention Law is available (in German) at: