Dashcam in Germany: is this allowed? Easily explained

Dashcams are becoming increasingly popular in Germany. When it comes to the question of the extent to which small recording devices are allowed in the car, there is uncertainty. We explain what you should know in any case.

Dashcam - this is the legal situation in Germany

Driving with a dash cam in the car is still a relatively new phenomenon for us. Accordingly, the legal situation is somewhat opaque. The small recording device could be of elementary importance in a traffic accident. This is especially true when it comes to the burden of proof in court.

• Not only in Germany, but throughout Europe, the legal handling of the dash cams is currently subject to constant changes. In some countries, recording devices in the car are generally prohibited, such as in Luxembourg and Austria. In the UK and Italy, however, dash cams are allowed.
• In Germany, the use of the dash cam in the car is offset by the right to informational self-determination. A valuable asset that is protected by the Federal Data Protection Act. In the case of dash cams, the point is that other road users can be filmed unnoticed and thus also illegally.
• For this reason, the highest data protection supervisory authority in Germany has prohibited video recordings from inside the car. Personal recordings that do not affect strangers are excluded.
• However, the following also applies in this case: No rule without exception. In the meantime, there have already been some court rulings in which the recording of a dashcam was approved as evidence in court.
• In May 2018, the Federal Court of Justice issued a fundamental judgment (VI ZR 233/17). The judges of the BGH in Karlsruhe have decided that the recordings of dash cams must in future be approved as evidence in court. But even if the video material is now admissible in court, many questions remain open. Because at the same time, the BGH explicitly made clear again with regard to the data protection law that permanent filming is still not permitted.
• This could mean that you still get into trouble because of the filming. You will definitely get into trouble if you post the footage of the Dashcam on the Internet. In this case, a fine of several thousand euros may apply.

More information for drivers on EFahrer.com

At EFahrer.com you will find many tests and advice on everything to do with electric cars. There is also a range calculator and an extensive map with all charging stations.

Dashcams legal? - Tips from lawyer Christian Solmecke

Solmecke is an expert in media law. He answers questions on IT law and other legal issues on his YouTube channel.

You still have to write the accident report for the insurance company in writing and cannot simply submit the film to the dash cam. In the next post, we have therefore summarized a few tips for writing to the insurance company.