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THE LEGAL PROTECTION OF MINORS IN FOOTBALL IN GERMANY

The protection of minors, that is persons under the age of 18 years old, in association football in Germany, is focussed on safeguarding them from abuse, violence, and exploitation, which is overseen by the German Football Association (Deutscher Fußball-Bund (DFB)) and the corresponding legal regulations.

The key protections include:

  • Strict parental consent for contracts;
  • FIFA-mandated transfer restrictions for under-18-year-olds; and
  • Bans on agents’ fees for representing minors.

The key legal measures for protecting minors include:

  • Legal Protections under the German Civil Code (Bürgerliches Gesetzbuch): contracts for minors must be approved by their parents or their legal guardians.
  • DFB Child Safeguarding: the DFB mandates that football clubs must create safe environments, often requiring background checks for coaches and trainers to prevent violence or harassment.

Transfer Restrictions: FIFA Regulations on the Status and Transfer of Players prohibit international transfers of minors, with only limited exceptions, which are strictly monitored to prevent trafficking.

Agent Regulation: In Germany, it is prohibited for clubs or players to pay agents for the representation of minors, a rule, which has been upheld by courts, to protect young players from being moved solely for financial reasons.

Agent Contracts: Any representation contract with a minor must be signed by the player’s legal guardian and adhere to strict ethical guidelines.

These Regulations, supported by the DFB, aim to protect the physical and mental integrity of young players.

Furthermore, Germany follows the Council of Europe “Start to Talk” initiative (2018-2019), which is designed to encourage organisations to take concrete action against sexual abuse of children in sport, although Germany has its own “No Room for Abuse” (Kein Raum für Missbrauch) initiative, which was launched in 2013 by the Independent Federal Commissioner Against Child Sexual Abuse (Unabhängige Beauftragte für Fragen des sexuellen Kindesmissbrauchs).

We advise on all aspects of the legal protection of minors in sport in Germany and further information is available from Dr Lucien Valloni and Oliver Fischer by emailing them at ‘valloni@valloni.ch’ and fischer@valloni.ch respectively.