The key facts

  • The Bundestag approved a reform granting the BND the right to conduct retaliatory cyber operations against foreign states
  • The services will gain the right to covertly enter homes and offices, but without using force against people
  • The reform was backed by the ruling CDU/CSU and SPD coalition; the opposition warns of excessively broad powers

What the Bundestag Decided

On Friday, members of the Bundestag approved a reform package significantly expanding the powers of Germany's intelligence services. The Federal Intelligence Service (BND) will now be able to respond to cyberattacks by foreign states with its own counterattacks: the range of measures extends from deleting and manipulating data to shutting down entire systems and, where necessary, destroying physical objects, such as drones that could be used against Germany. Under certain conditions, the services will be allowed to covertly enter residential and commercial premises, including to prepare surveillance operations, but they are prohibited from using force against people. An independent oversight council will be created to monitor the agencies' activities.

The Dispute over the Principle of Separation

The reform touches on a long-standing German debate. Holger Münch, head of the Federal Criminal Police Office (BKA), once again pointed out at the annual meeting in Berlin that 'hybrid attacks' call into question the 'principle of separation,' under which the police conduct investigations while the intelligence services gather information, and data exchange between them is permitted only within strict limits. Münch has long advocated expanding police powers and closer cooperation with the Office for the Protection of the Constitution. Historian Sönke Neitzel of the University of Potsdam considers this principle, which grew out of the experience of the Nazi dictatorship and the Gestapo, understandable in its historical context, but called it 'nonsense' with regard to the current threat. Interior Minister Alexander Dobrindt, by contrast, intends to preserve the principle in its essence, while at the same time turning the Office for the Protection of the Constitution and the BND into 'real intelligence services.' The reform was passed with the votes of the ruling CDU/CSU and SPD coalition; opposition lawmakers specializing in domestic policy warned of powers that were too broad.

The Rationale: Cyber Threats and BKA Statistics

Dobrindt stated that Germany intends to actively defend itself against cyberattacks: 'Anyone who attacks us in this way must know that we are ready to strike back. He must know that his digital infrastructure, server infrastructure and software will also become our targets.' Münch backed the minister's course and cited figures: in the first six months of 2026, crime originating from abroad rose by 24% compared with the same period last year, while the clearance rate for such cases is below 5%. According to him, the line between criminal and state-sponsored actors is blurring, and 'the state's promise of security may become fragile.'