(1) The files are to be kept in electronic form. Files which were established in paper form may be in continued in paper form. They may also be continued in electronic form from a specific date or event onwards. The commencement of the continuation of the files in electronic form is to be placed on file.
(1a) The Federal Government and the Land governments may determine, each for their fields, by statutory instrument, that, in derogation from subsection (1) sentences 1 and 2, files are to be established in paper form up to and including 31 December 2026, and that electronic files transmitted by other agencies up to and including 31 December 2026 are to be kept or continued in paper form. The provision may be restricted to individual courts or authorities, or to generally determined proceedings; if this possibility is taken up, the statutory instrument may provide that an administrative provision, which is to be published, is to regulate the proceedings in which files are to be established in paper form, or in which files which were transmitted in electronic form may be kept or continued in paper form. The legal ordinance of the Federal Government does not require the approval of the Bundesrat. The Federal Government and the Land governments may transfer the empowerment designated in sentence 1 to the competent Federal or Land ministries by statutory instrument.
(1b) Documents and parts of files which are categorised as confidential matters higher than CONFIDENTIAL: FOR INTERNAL USE ONLY in accordance with the instructions of the Federation or the Länder on confidential matters may be drawn up, continued and transmitted in paper form up to 31 December 2035. Documents and parts of files which are categorised as confidential matters as CONFIDENTIAL: FOR INTERNAL USE ONLY in accordance with the instructions of the Federation or the Länder on confidential matters may be transmitted in paper form up to 31 December 2035. The provisions on classification of information for handling confidential matters remain unaffected.
(2) The Federal Government and the Land governments are to determine, each for their fields, by statutory instrument, the organisational framework, and the technical framework corresponding to the state-of-the-art, applicable to electronic filing, including the requirements to be complied with as regards data protection, data security and accessibility. They may transfer the power to the competent Federal or Land Ministries by means of a statutory instrument.
(3) The Federal Government determines, by statutory instrument with the consent of the Bundesrat, the standards applicable to the transmission of electronic files between authorities and courts, as well as those applicable to the inspection of electronic files. It may transfer the empowerment to the competent Federal Ministries by statutory instrument without the consent of the Bundesrat.
(4) Authorities within the meaning of this chapter are deemed to be the public prosecution offices and administrative authorities, including the enforcement authorities, as well as the authorities of the police service insofar as the latter perform tasks in regulatory fine proceedings.