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Fact check: Encrypting drives is illegal in Germany

Checked on June 8, 2025

1. Summary of the results

The claim that encrypting drives is illegal in Germany is false. In fact, Germany has historically been a strong supporter of widespread and unregulated encryption [1]. While many countries do impose restrictions on encryption technologies [2], Germany has taken a different approach, focusing on government hacking capabilities rather than restricting encryption technologies [1].

2. Missing context/alternative viewpoints

Several important contextual elements are missing from the original statement:

  • Germany operates under the General Data Protection Regulation (GDPR) and other data protection laws [3]
  • The country's approach to digital security focuses on government hacking capabilities rather than restricting encryption [1]
  • There is significant global variation in encryption policies, with different countries taking vastly different approaches to regulation [2]
  • Germany's stance on encryption is part of a broader data protection framework, which includes both GDPR and BDSG (German Federal Data Protection Act) [2]

3. Potential misinformation/bias in the original statement

The original statement appears to be fundamentally misleading and could benefit several groups:

  • Law enforcement agencies might benefit from people believing encryption is illegal, as it could discourage its use
  • Surveillance technology companies could benefit from promoting the narrative that encryption is restricted, as it could drive business toward alternative security solutions
  • The statement ignores Germany's actual position as a supporter of strong encryption [1], which suggests either a misunderstanding of German law or deliberate misinformation
  • The confusion might stem from mixing up Germany's general data protection regulations with specific encryption laws, as Germany does have strict data protection requirements under GDPR and BDSG [2]
Want to dive deeper?
What are Germany's current data protection and encryption regulations?
Do German businesses have legal requirements for encrypting sensitive data?
How does the EU GDPR affect encryption requirements in Germany?
What penalties exist in Germany for inadequate data encryption practices?
Are there any German government restrictions on personal use of encryption software?