The office of Federal Chancellor Friedrich Merz is preparing a major reform of the law on Germany’s Federal Intelligence Service (Bundesnachrichtendienst, BND). According to the draft of the new law, which is in the early stages of development, the country’s foreign intelligence service will receive significantly expanded powers. This will allow the BND not only to collect and analyze information, but also to carry out active operational measures, including elements previously characteristic of special operations.
The draft law provides for the BND to transition from purely intelligence activities to “operational activities” in cases of particular threat. Such measures will only be possible in a “nachrichtendienstliche Sonderlage” — a special situation declared by the National Security Council. This is understood to mean a systematic threat to Germany or its allies, such as preparations for war or an escalation of hybrid attacks (including cyber threats from states such as Russia).
Key proposed innovations:
Active countermeasures against cyberattacks: The BND will be able to redirect data flows, disable attackers’ infrastructure, or conduct counteroperations in cyberspace.
Sabotage and manipulation: Covert actions to weaken enemy forces are permitted, including sabotage of equipment (e.g., weapon components or centrifuges for nuclear programs), installation of trackers, or disabling systems.
Premises infiltration: BND employees will be allowed to secretly enter residential or other premises to install spy equipment.
Working with drones and AI: The service will be given the right to neutralize suspicious drones over its facilities, request data on their routes, and use artificial intelligence for data analysis and facial recognition systems.
Strengthened oversight: To maintain balance, it is proposed that the Parliamentary Control Committee (PKGr) be involved in decisions on special situations — an innovation designed to appease critics.
The reform has been in development for several years but has been updated in light of the current geopolitical situation: war in Europe, the rise of hybrid threats, and the need to “catch up” with partners in terms of capabilities (e.g., the US or other European services). Chancellor Friedrich Merz and Minister of the Chancellery Torsten Frei have repeatedly emphasized that the BND must become “more decisive and faster” in order to secure a “knowledge advantage” for Germany.
The new BND president, Martin Jäger, appointed in September 2025 (former ambassador in Ukraine), supports the reform, stating the need to improve the service’s operational capabilities.
The draft has not yet been submitted to the Bundestag and is undergoing interdepartmental coordination (including the Ministry of Justice and the Ministry of Defense). The reform is expected to be adopted in 2026 to strengthen Germany’s position in “turbulent times.”
This initiative reflects a shift in German security policy: from a traditional focus on information gathering to a more proactive approach in response to global challenges.