When using a phone in Germany can cause problems
In Germany, using a mobile phone while operating a vehicle can result in a fine, while recording people in private circumstances can, in some cases, lead to criminal liability. The Local Germany reports on the main restrictions.
Phone use while driving
In Germany, it is not permitted to hold a phone in your hand while driving a car, motorcycle, bicycle, e-scooter or other vehicle. The ban applies to sending messages, browsing social media, checking the time or using navigation if doing so requires taking the device in hand.
Stopping at a red traffic light, in a traffic jam or near roadworks is not an exception. A driver also cannot take a phone in hand when the start-stop system has temporarily switched off the engine. The device may be used via voice control, a hands-free system or in a holder if this requires only a brief glance away from the road.
For a standard violation involving a phone in hand, the driver of a motor vehicle faces a fine of at least €100 and one point in the Flensburg register of violations. If the violation created a danger for another person or caused an accident, the fine may increase significantly. Cyclists can also be fined, but the penalty amount for them is lower.
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Privacy and venue rules
Secretly recording non-public conversations in Germany is generally illegal. This applies, in particular, to disputes with neighbours, work meetings and conversations with police officers. Taking photos or videos in especially private places — at home, in changing rooms or bathrooms — may also constitute a criminal offence.
Photography in public spaces is generally not prohibited. At the same time, publishing images of identifiable people without their consent may create legal risks, especially if the person is the main subject of the image. Recording accident victims, seriously injured, helpless people or deceased persons may also have criminal-law consequences.
Owners and operators of premises may establish their own rules for phone use. Restrictions are common in schools, workplaces, courts, concert halls, museums, swimming pools, saunas and wellness centres. Venue staff may require a person to stop using a device or leave the premises and, in some cases, ban further visits.
There is no nationwide ban on smartphones in German schools, although individual federal states have tightened restrictions. A federal expert commission recommended banning private smartphone use up to the seventh grade. Courts often prohibit photo, video and audio recording, while stricter rules may apply in intensive care units and other sensitive departments in hospitals.
