As of January 2023, federal ministries must ensure that all draft legislation meets the demands of the digital transformation. Since then, the NKR has been examining the extent to which the digital possibilities have been considered when drafting a law. The NKR's Digitalchecks are publicly available in its statements.

Laws and ordinances define not just regulatory objectives but also how those objectives are to be achieved. For example, they may stipulate the basis for administrative decisions (conditions and documentation), what bodies are to be involved and how, and whether paper documentation and manual signatures are required. The limitations of analogue processes are becoming clear in an increasingly digital world. Requirements for manual signatures, in-person appointments, etc. prevent us from harnessing the full potential of digital processes.

Making new laws suitable for digital use

The decision of the German Bundestag in mid-2022 to introduce a systematic digital-readiness check is therefore an important milestone. The inclusion of the check in the Act Establishing a National Regulatory Control Council lends additional weight to the Federal Government’s initiative: the check is to apply to all new regulatory initiatives from January 2023 onwards and the NKR is to monitor compliance.

As with scrutiny of other regulatory impact assessments required from the federal ministries, the NKR evaluation will be based on the methodology that the Federal Government has set itself. The NKR has a role to play in the development and amendment of that methodology, and will share its experience from its daily work and the findings of expert reports. The Council will document its findings in its statements on draft legislation, which are published once they have been reviewed by the Cabinet.