Lawyers and tax advisers in Germany may give service providers such as an AI chat access to client secrets as far as the service requires (section 43e BRAO, section 62a StBerG). The contract must bind to confidentiality in text form, point out criminal liability and state whether other persons are involved. Abroad, access is only allowed if protection there is comparable.
What do section 43e BRAO and section 62a StBerG require?
Careful selection of the provider, a contract in text form with an obligation of confidentiality and a warning about criminal consequences, access only to what the service needs, and a rule on whether the provider may involve other persons, whom it then also binds in text form.
If the provider no longer meets this, the cooperation must end without delay.
Sources: gesetze-im-internet.de: Federal Lawyers' Act (BRAO), section 43e, use of services, accessed 2 Nov 2026; gesetze-im-internet.de: Tax Advisory Act (StBerG), section 62a, use of services, accessed 2 Nov 2026
Why does the place of processing matter?
For services abroad, access to secrets is only allowed if the protection there is comparable to Germany's. A chat that only uses models processed in the EU makes this check simpler.
Violating private secrets is a criminal offence under section 203 StGB. That is why the warning belongs in the contract.
Sources: gesetze-im-internet.de: Federal Lawyers' Act (BRAO), section 43e, use of services, accessed 2 Nov 2026; gesetze-im-internet.de: Criminal Code (StGB), section 203, violation of private secrets, accessed 2 Nov 2026
What does Agentiq Chat offer for this?
Only models processed in the EU, no training on your data, projects per mandate with their own documents, and admins do not see single chats. Business with shared firm knowledge costs €35 per person a month. If you need the obligation under section 43e BRAO or section 62a StBerG, ask us before buying.
Source: Agentiq: Agentiq Chat: services and tiers, as of 13 Oct 2026
Checklist before buying
| Question for the provider | Why | Basis |
|---|---|---|
| Do you sign a confidentiality obligation in text form? | Required for the contract | s. 43e(3) BRAO, s. 62a(3) StBerG |
| Where are inputs processed? | Abroad only with comparable protection | s. 43e(4) BRAO, s. 62a(4) StBerG |
| Who involves subcontractors, and are they bound? | Must be set out in the contract | s. 43e(3) BRAO, s. 62a(3) StBerG |
| Do you train on our data? | Disclose only what is necessary | s. 43e(1) BRAO, s. 62a(1) StBerG |
| Does the use serve a single mandate? | Then the client's consent is needed | s. 43e(5) BRAO, s. 62a(5) StBerG |
| Is there a data processing agreement? | Data protection applies alongside | Art. 28 GDPR |
Sources: gesetze-im-internet.de: Federal Lawyers' Act (BRAO), section 43e, use of services, accessed 2 Nov 2026; gesetze-im-internet.de: Tax Advisory Act (StBerG), section 62a, use of services, accessed 2 Nov 2026; European Union, EUR-Lex: Regulation (EU) 2016/679, General Data Protection Regulation, 27 Apr 2016
How does Agentiq Chat help?
One AI chat for the whole company, processed in the EU.
- All major models, processed in the EU
- Projects with your own knowledge and documents
- No training on your data
From €20 a month, net, plus VAT.
Frequently asked questions
Do I need my clients' consent?
Not for services that serve the firm in general. If the service directly serves a single mandate, access may only be given with the client's consent (section 43e(5) BRAO, section 62a(5) StBerG).
Is a data processing agreement enough?
No. It covers data protection. BRAO and StBerG require confidentiality on top.
Is this legal advice?
No. This page summarises the provisions. Check the use in your firm yourself or with your chamber.
Sources
- gesetze-im-internet.de: Federal Lawyers' Act (BRAO), section 43e, use of servicesaccessed 2 Nov 2026
- gesetze-im-internet.de: Tax Advisory Act (StBerG), section 62a, use of servicesaccessed 2 Nov 2026
- gesetze-im-internet.de: Criminal Code (StGB), section 203, violation of private secretsaccessed 2 Nov 2026
- Agentiq: Agentiq Chat: services and tiersas of 13 Oct 2026
- European Union, EUR-Lex: Regulation (EU) 2016/679, General Data Protection Regulation27 Apr 2016