Is Torrenting Legal in Germany in 2026? Complete Guide

If you live in Germany or are visiting the country, you may wonder: Is torrenting legal in Germany in 2026?

The short answer is:

Torrenting technology itself is legal in Germany, but downloading or uploading copyrighted content without permission can be illegal.

BitTorrent is simply a peer-to-peer (P2P) file-sharing technology. It can be used to distribute completely legitimate content such as Linux distributions, open-source software, public-domain files, datasets, and content that copyright owners have specifically authorized for torrent distribution.

The legal problem arises when BitTorrent is used to copy, distribute, or make copyrighted works available without the required permission.

Germany has a well-developed copyright framework under the Urheberrechtsgesetz (UrhG), or German Copyright Act. The law provides copyright owners with civil remedies and also contains criminal provisions for certain unauthorized uses.

Germany is also well known for the use of copyright warning letters called Abmahnungen, which can make unauthorized file-sharing considerably more financially significant than many users expect.

Important: This article provides general information about German copyright law as of 2026. It is not legal advice. If you receive an actual copyright warning, demand for payment, court document, or other legal notice, consider obtaining advice from a qualified German lawyer.

Is Torrenting Illegal in Germany?

Torrenting itself is not illegal in Germany.

The important distinction is between:

The BitTorrent technology

and

The copyrighted material being shared through it.

BitTorrent can legally distribute files when the person distributing them has the necessary rights or permission.

For example, a software developer could legally publish an open-source application through BitTorrent. A Linux project could provide an official torrent for a large operating-system image. A filmmaker could authorize users to distribute a documentary through a torrent.

In those circumstances, torrenting is simply a distribution method.

However, downloading a commercial movie from an unauthorized torrent or uploading copyrighted music to other users can potentially infringe copyright.

Germany’s Copyright Act provides copyright owners with exclusive rights and establishes remedies when those rights are unlawfully infringed.

Why Is Torrenting Riskier in Germany Than Many People Realize?

Germany has a particularly well-known enforcement environment surrounding unauthorized file sharing.

One important reason is that BitTorrent does not normally behave like a simple one-way download.

When you participate in a torrent, your client may also upload pieces of the file to other participants.

Therefore, a person downloading a copyrighted movie through an unauthorized torrent may potentially also be making portions of that movie available to others.

This can create an additional copyright issue.

German consumer guidance specifically warns about illegal offers of movies through Internet file-sharing networks such as BitTorrent.

How Does Torrenting Work?

Understanding the technology helps explain the legal issue.

With a traditional download, the basic model is:

Website/server → Your computer

With BitTorrent, the model is closer to:

Peer A ↔ Peer B ↔ Peer C ↔ Peer D

The file is divided into pieces, and participating computers can exchange those pieces.

While downloading, your torrent client may upload pieces that you already have.

Once the download is complete, your client may continue uploading the file to other participants. This is commonly called seeding.

This matters legally because torrenting can involve both:

• Downloading
• Uploading

The second part is especially important when copyrighted material is involved.

Is Downloading a Copyrighted Torrent Legal in Germany?

Not necessarily.

German copyright law contains a private-copy exception, but it is not a blanket permission to download anything you find online.

Section 53 of the German Copyright Act permits certain reproductions for private use, but it specifically excludes copies made from a model that is obviously unlawfully produced or obviously unlawfully made publicly available.

This is a crucial distinction.

You should not assume:

“It is only for personal use, therefore downloading it is legal.”

That statement is too broad.

If a torrent clearly provides a copyrighted movie, game, software package, or other work without the copyright owner’s authorization, the private-copy exception may not protect the download.

What Is Section 53 of the German Copyright Act?

Section 53 of the Urheberrechtsgesetz deals with reproductions for private and other personal use.

It allows certain private copies under specified conditions.

However, the provision states that the copy cannot be made from a model that was obviously unlawfully produced or obviously unlawfully made available to the public.

This is why the German private-copy rule should not be interpreted as:

“Everything available on the internet can be downloaded for private use.”

It cannot.

The source and circumstances matter.

Does “Personal Use” Make Torrenting Legal in Germany?

No, not automatically.

This is one of the most common misconceptions about German copyright law.

Someone might think:

“I’m not selling the movie. I’m only watching it privately.”

But private use is not a universal exemption from copyright.

Section 53 has specific requirements and limitations. In particular, the law excludes private copies made from obviously unlawful sources.

Therefore:

Personal use does not automatically make an unauthorized torrent download lawful.

What About Uploading and Seeding?

Uploading can be particularly important.

When a torrent client shares pieces of a copyrighted file with other participants, the user may be involved in an unauthorized act of distribution or making the work available.

German copyright law provides copyright owners with exclusive rights concerning the exploitation of protected works, and Section 97 provides civil remedies for unlawful infringements.

Therefore, torrent users should not think of torrenting as simply:

“I downloaded a file.”

Technically, the activity can involve:

“I downloaded pieces while simultaneously sharing pieces with other users.”

That distinction is one reason BitTorrent has attracted significant copyright enforcement.

Is Torrenting Movies Legal in Germany?

It depends on whether the movie is legally authorized for distribution.

Officially Authorized Movie Torrents

If the copyright owner or an authorized distributor releases a movie through BitTorrent, downloading it can be lawful.

For example, an independent filmmaker might distribute a movie through a torrent under a Creative Commons or another licence.

Unauthorized Movie Torrents

Downloading a commercial movie from an unauthorized torrent source can create copyright infringement risks.

This can apply to:

• Hollywood movies
• German movies
• European films
• Bollywood movies
• Anime
• Documentaries
• Television films
• Newly released cinema titles

The country where the movie was produced does not automatically determine whether the German user may download it.

Is Torrenting TV Shows Legal in Germany?

The same principle applies to television programs.

If a broadcaster, production company, or rights holder authorizes distribution through BitTorrent, the torrent can be legitimate.

But downloading a copyrighted television series from an unauthorized torrent source can potentially infringe copyright.

This includes:

• Current TV shows
• Streaming exclusives
• Anime series
• Sports recordings
• Premium television programs
• Older television series

The fact that a show is difficult to watch legally in Germany does not automatically make an unauthorized torrent legal.

Is Torrenting Music Legal in Germany?

Music is also protected by copyright and related rights.

Downloading an officially authorized music torrent can be lawful.

However, downloading an unauthorized torrent containing commercial music can create copyright issues.

This can include:

• Albums
• Singles
• Discographies
• DJ sets
• Audiobooks
• Concert recordings
• Sound recordings

Again, the important question is whether you have the necessary rights or permission, not whether the file is technically available through BitTorrent.

Is Torrenting Games Legal in Germany?

Commercial video games are protected by copyright.

Downloading an unauthorized copy of a commercial game through BitTorrent can therefore create legal risks.

This includes:

• PC games
• Console games
• Newly released games
• Older games
• Game installers
• ISO images
• Unauthorized game distributions

A game being old does not automatically mean that it is in the public domain.

Is Torrenting Software Legal in Germany?

Software can also be protected by copyright.

There are many legitimate software torrents, particularly for open-source projects.

For example:

• Linux distributions
• Open-source operating systems
• Free software
• Developer tools
• Public datasets
• Software released under permissive licences

These can be completely legitimate.

The situation is different when a torrent distributes a commercial application without authorization.

Examples include:

• Paid video-editing software
• Professional design software
• Commercial office suites
• Engineering applications
• Commercial operating systems
• Premium utilities

What About Cracked Software and Keygens?

Cracked software creates additional legal and security concerns.

A torrent containing:

• Cracks
• Keygens
• Activators
• License bypasses
• Unauthorized patches

may involve copyright infringement and potentially other legal issues.

There is also a cybersecurity problem.

Executable cracks and keygens can contain:

• Malware
• Password stealers
• Remote-access tools
• Ransomware
• Cryptocurrency miners
• Browser hijackers

For both legal and security reasons, unauthorized software torrents are particularly risky.

Is Torrenting Linux Legal in Germany?

Yes, when the torrent is provided or authorized by the relevant project.

Many open-source projects use BitTorrent because it can reduce bandwidth requirements when distributing very large files.

A legitimate example would be an official Linux distribution publishing a torrent or magnet link through its own distribution infrastructure.

The same principle applies to other open-source projects.

The use of BitTorrent does not make open-source software illegal.

Is Torrenting Public-Domain Content Legal in Germany?

Generally, genuinely public-domain material can be distributed without the copyright restrictions that apply to protected works.

However, users should distinguish between:

The underlying public-domain work

and

A newer copyrighted edition, restoration, translation, recording, or adaptation.

For example, an old book may be public domain while a modern translation remains protected by copyright.

Therefore, always consider the specific version of the work being distributed.

What About Creative Commons Torrents?

Creative Commons licences can allow creators to grant specific permissions to the public.

However, Creative Commons does not mean:

“No copyright.”

The creator still owns copyright but grants certain rights under the chosen licence.

Depending on the licence, users may have to comply with requirements involving:

• Attribution
• Non-commercial use
• ShareAlike
• Derivative works
• Other licence conditions

Therefore, a Creative Commons torrent can be perfectly legal, but users should follow the applicable licence.

Is Downloading an Old Movie Through a Torrent Legal?

Not necessarily.

A common misconception is:

“The movie is 20 years old, so copyright must have expired.”

That is not a safe assumption.

Copyright protection generally lasts for substantial periods, and the age of a work does not by itself determine whether it is free to copy and distribute.

Similarly:

• Out-of-print does not mean public domain.
• No longer sold does not mean copyright-free.
• Abandoned does not automatically mean free to share.
• Old does not automatically mean legal to torrent.

Is Downloading Something That Is No Longer Available Legally Allowed?

Again, not automatically.

Suppose a video game is no longer sold by its original publisher.

That does not necessarily mean that copyright has expired.

Similarly, if a movie disappears from streaming services, that does not automatically give users permission to obtain it from unauthorized torrent sources.

The safest approach is to determine whether the work is:

• Public domain
• Officially licensed
• Open source
• Released under an appropriate Creative Commons licence
• Otherwise authorized for redistribution

What Is an Abmahnung?

One of the most important concepts for torrent users in Germany is the Abmahnung.

An Abmahnung is essentially a formal warning concerning an alleged legal violation.

German copyright law specifically addresses warnings in Section 97a of the UrhG.

The law provides that, before initiating certain court proceedings concerning an injunction, the injured party should generally warn the alleged infringer and give them an opportunity to resolve the dispute by submitting an appropriate cease-and-desist undertaking.

A copyright Abmahnung can therefore be much more serious than an ordinary email saying:

“Please stop.”

Depending on the circumstances, it can involve demands concerning:

• Ceasing the alleged infringement
• A declaration to refrain from repeating it
• Legal costs
• Damages
• Other claims

Can You Receive an Abmahnung for Torrenting?

Yes.

Unauthorized file sharing can potentially lead to a copyright warning.

This is one of the major practical risks of using BitTorrent in Germany for unauthorized copyrighted material.

Consumer guidance from the German Verbraucherzentrale specifically addresses what consumers should do if they receive an Abmahnung and warns about illegal file-sharing offers.

If you receive one, do not simply assume that it is harmless.

How Much Can a German Torrent Abmahnung Cost?

There is no single universal amount that applies to every torrent case.

Potential costs depend on factors such as:

• The type of work
• The alleged infringement
• The rights holder
• The legal claims
• Whether the allegation is disputed
• Legal fees
• Damages
• The circumstances of the case

German copyright law allows claims for damages in cases of intentional or negligent infringement under Section 97. The amount can be calculated in different ways depending on the circumstances.

Section 97a also contains rules concerning the reimbursement of certain warning-related expenses and limits the recoverable statutory attorney fees in specified consumer circumstances.

Therefore, it is misleading to claim that:

“Every torrent warning costs exactly €X.”

There is no universal fixed amount.

What Should You Do If You Receive an Abmahnung?

If you receive a genuine German copyright Abmahnung related to torrenting, take it seriously.

1. Read the Letter Carefully

Identify:

• Who sent it
• Which work is involved
• What infringement is alleged
• The date and time
• What payment is demanded
• What deadline applies
• Whether a cease-and-desist declaration is requested

2. Do Not Ignore the Deadline

A legal deadline can matter.

Ignoring correspondence does not automatically make the matter disappear.

3. Do Not Immediately Sign Anything

A cease-and-desist declaration can have legal consequences.

Do not sign a document simply because you are worried or because the letter tells you to return it quickly.

4. Consider Professional Legal Advice

If the allegation is serious or you are unsure whether it is valid, consider speaking with a lawyer experienced in German copyright law and Abmahnungen.

5. Do Not Destroy Relevant Evidence

If you genuinely believe the allegation is incorrect, keep relevant information that could help establish what happened.

Can the Copyright Owner Claim Damages?

Potentially, yes.

Section 97 of the German Copyright Act provides that a person who unlawfully infringes copyright can be required to cease the infringement and, where the required conditions are met, compensate the rights holder for resulting damage.

The law provides different methods for determining damages.

Therefore, the financial consequences of an infringement can extend beyond the simple purchase price of the content.

Is Copyright Infringement a Criminal Offense in Germany?

Certain unauthorized uses of copyrighted works can constitute criminal offenses.

Section 106 of the German Copyright Act provides that unauthorized reproduction, distribution, or public communication of a protected work, outside legally permitted cases and without the rights holder’s consent, can be punished by:

• Imprisonment of up to three years, or
• A fine.

The attempt is also punishable.

For commercial-scale infringement, Section 108a provides for more serious penalties, including imprisonment of up to five years or a fine.

However, these criminal provisions should not be interpreted as meaning that every ordinary torrent user will automatically face criminal prosecution.

Civil copyright enforcement and criminal prosecution are separate matters, and the circumstances of a specific case are important.

Is Torrenting a Criminal Offense for Ordinary Users?

It depends on what the person does and the circumstances.

German law contains criminal provisions for certain unauthorized copyright exploitation. Section 106 is broad enough to cover unauthorized reproduction, distribution, and public communication in circumstances not permitted by law.

At the same time, many practical torrent disputes are discussed in terms of civil claims and Abmahnungen rather than assuming that every alleged infringement results in criminal prosecution.

This distinction is important.

Potential copyright liability does not automatically mean criminal prosecution.

Can a Copyright Owner Find Your IP Address?

BitTorrent is a peer-to-peer system.

When you participate in a torrent swarm, your IP address may be visible to other participants in the network.

A rights holder or enforcement service may potentially monitor a torrent swarm and record information associated with participating IP addresses.

The IP address alone does not necessarily reveal someone’s name and home address.

However, identifying information can potentially be obtained through legal procedures where applicable.

This is one reason torrent privacy is a serious consideration in Germany.

Can Your Internet Provider Tell Who Was Using the Connection?

The subscriber associated with an internet connection is not necessarily the same person who committed an alleged infringement.

For example, a household may contain:

• Parents
• Children
• Guests
• Roommates
• Tenants
• Other users

This can make attribution more complicated.

German copyright disputes involving shared internet connections have generated substantial legal discussion.

Therefore, an allegation associated with an IP address should not automatically be treated as proof that a particular named person personally downloaded the file.

What Is the “Störerhaftung” Issue?

German internet copyright law has historically included extensive discussion around liability for people who provide internet connections to others.

However, the legal treatment of access providers and connection owners has changed over time, and users should not rely on outdated explanations of Störerhaftung.

The important practical point is:

Being the account holder does not necessarily answer every question about who committed an alleged infringement.

The circumstances of the particular connection and alleged activity matter.

Does a VPN Make Torrenting Legal in Germany?

No.

A VPN can provide a privacy layer by routing traffic through a VPN server and potentially hiding your normal public IP address from other torrent participants.

But a VPN does not change copyright ownership.

For example:

Unauthorized movie + VPN = still potentially copyright infringement

A VPN can affect privacy and network visibility, but it does not provide a copyright licence.

Does Using a VPN Prevent an Abmahnung?

A VPN may reduce certain forms of IP exposure if correctly configured, but it cannot guarantee that you will never receive a legal complaint.

Other information may exist, and VPN services differ in their technical and legal characteristics.

Most importantly:

A VPN should not be treated as a tool for making unauthorized copyright infringement legal.

Are Private Torrent Trackers Legal in Germany?

A private tracker is not automatically legal simply because membership is restricted.

The relevant question remains:

What content is being distributed, and does the distributor have the necessary rights?

A private tracker could legally distribute:

• Open-source software
• Public-domain content
• Authorized releases
• Licensed datasets

It could also distribute unauthorized copyrighted material.

Private membership does not create a copyright exception.

Is Seeding Illegal in Germany?

Seeding itself is not illegal.

You can legally seed files that you have permission to distribute.

For example:

Official Linux torrent → seeding can be lawful.

Unauthorized commercial movie torrent → seeding can create copyright infringement risks.

The important distinction is the legal status of the content being shared.

What About Downloading Only and Disabling Seeding?

Some users think:

“If I disable uploading, I cannot have a copyright problem.”

That is too simplistic.

If the underlying download is from an obviously unlawful source, the private-copy exception may not apply under Section 53.

Also, BitTorrent clients can upload pieces during the download process depending on configuration.

Therefore, disabling seeding does not automatically make an unauthorized download lawful.

Is Streaming Safer Than Torrenting in Germany?

Streaming and torrenting are legally different technologies and should not be treated as identical.

German consumer guidance warns against illegal streaming portals as well as unauthorized file-sharing networks.

A legitimate streaming service that has obtained the necessary licences is obviously different from an unauthorized website offering copyrighted content.

The key issue is authorization, not simply whether the technology is called streaming or torrenting.

Can You Torrent Free Content in Germany?

Yes.

There are many legitimate torrent use cases.

Examples include:

• Linux distributions
• Open-source software
• Public-domain archives
• Authorized documentaries
• Free datasets
• Academic resources with redistribution permission
• Creative Commons material
• Independent creators’ authorized releases
• Copyright-owner-provided torrents

This is why the statement:

“Torrenting is illegal in Germany”

is inaccurate.

A better statement is:

“Unauthorized sharing of copyrighted material through BitTorrent can be illegal in Germany.”

Legal vs Potentially Illegal Torrenting in Germany

The exact legal outcome depends on the circumstances and the applicable provisions of German law.

Common Torrenting Myths in Germany

Myth 1: “Torrenting is illegal in Germany.”

False.

The BitTorrent technology itself is not prohibited.

The legal issue is the content and the rights involved.

Myth 2: “Personal use makes torrenting legal.”

False.

Germany’s private-copy rules have important limitations, including the exclusion for obviously unlawful sources.

Myth 3: “If I don’t make money, it is legal.”

False.

Copyright infringement does not necessarily require that you make a profit.

Myth 4: “If I only download, there is no problem.”

Not necessarily.

Downloading can involve reproduction, and torrent clients may also upload pieces.

Myth 5: “A VPN makes torrenting legal.”

False.

A VPN changes network routing and privacy characteristics. It does not grant copyright permission.

Myth 6: “Private trackers are legal.”

False.

Private access does not eliminate copyright law.

Myth 7: “Old movies are free to torrent.”

False.

Age alone does not establish that a work is in the public domain.

Myth 8: “Nobody can identify me from an IP address.”

Too broad.

An IP address can potentially be used as part of an identification process, subject to applicable legal procedures.

Myth 9: “An Abmahnung is just spam.”

False.

A genuine copyright Abmahnung can have legal and financial consequences.

What Are the Safest Legal Uses of Torrents in Germany?

If you want to use BitTorrent while minimizing copyright concerns, focus on content where authorization is clear.

Good examples include:

Official Open-Source Projects

Download torrents from the project’s official website.

Public-Domain Material

Verify that the specific work is actually in the public domain.

Creative Commons Content

Read and follow the licence.

Your Own Content

You can distribute your own work when you own the necessary rights.

Authorized Content

If the copyright holder explicitly permits torrent distribution, follow the applicable conditions.

How to Check Whether a Torrent Is Legal in Germany

Before starting a torrent, ask:

1. Who owns the copyright?

Identify the creator, publisher, developer, studio, or other rights holder.

2. Is the torrent from an official source?

Official websites are preferable.

3. Does the copyright owner authorize redistribution?

Look for licensing information.

4. Is the work public domain?

Verify rather than assuming.

5. Is there a Creative Commons or open-source licence?

Read the actual terms.

6. Is it a commercial movie, game, song, or software application offered for free without authorization?

That is a major warning sign.

7. Is the source obviously unlawful?

If so, Germany’s private-copy exception may not protect the copy.

8. Will your torrent client upload the material to others?

Remember that BitTorrent can involve both downloading and uploading.

A Simple Decision Tree for German Torrent Users

Is the content copyrighted?

→ No / genuinely public domain: Torrenting may be lawful.

→ Yes: Continue.

Has the copyright owner authorized distribution?

→ Yes: Follow the licence.

→ No: Continue.

Is the source obviously unlawful?

→ Yes: Do not assume the private-copy exception applies.

→ No / unclear: The legal situation may require closer analysis.

Are you distributing or uploading the content to other users?

→ Yes: Additional copyright concerns may arise.

When in doubt, choose an authorized source.

What Happens If You Receive a Copyright Warning?

A genuine German copyright warning should not be ignored automatically.

A practical response is:

Read → Verify → Understand → Get advice if necessary → Respond before the deadline.

Do not assume that the demanded amount is automatically correct.

Do not automatically sign a cease-and-desist declaration without understanding its legal consequences.

And do not assume that ignoring the letter will make it disappear.

Section 97a specifically regulates copyright warnings and sets requirements for their content.

Does Germany Have Strong Copyright Enforcement?

Germany has a mature copyright enforcement system.

The legal framework provides copyright owners with:

• Injunction claims
• Damage claims
• Warning procedures
• Information-related claims in certain circumstances
• Other civil remedies
• Criminal provisions for certain infringements

Section 97 establishes claims for removal of an infringement and injunctive relief, as well as damages where the legal requirements are met.

Section 97a addresses Abmahnungen.

Section 106 establishes criminal penalties for certain unauthorized exploitation of copyrighted works.

Is Torrenting Legal in Germany in 2026? Final Answer

Yes, torrenting technology is legal in Germany in 2026.

But that does not mean that every torrent is legal.

Germany’s copyright law permits certain private copying, but Section 53 places an important limitation on copies made from sources that are obviously unlawfully produced or obviously unlawfully made available to the public.

At the same time, unauthorized distribution, reproduction, or public communication of copyrighted works can result in civil claims, including injunctions and damages.

Certain unauthorized copyright uses can also constitute criminal offenses under Section 106 of the UrhG.

For ordinary internet users, one of the most important practical risks is the Abmahnung, a formal copyright warning that can involve demands to stop the alleged infringement and potentially payment of legal costs or damages.

The simplest rule is:

BitTorrent is legal. Unauthorized torrenting of copyrighted material can be illegal.

If you want to use torrents legally in Germany, stick to official, authorized, open-source, public-domain, or properly licensed content.

A VPN can improve privacy, but it does not make copyright infringement legal.

Frequently Asked Questions

Is torrenting completely illegal in Germany?

No. BitTorrent is a technology with legitimate uses. The legal problem arises when it is used to reproduce, distribute, or make copyrighted material available without the required authorization.

Is downloading movies through torrents legal in Germany?

It can be legal when the movie is legitimately authorized for torrent distribution. Downloading an unauthorized commercial movie can create copyright infringement risks.

Can I download copyrighted material for personal use in Germany?

Germany has a private-copy exception, but it has important conditions. Section 53 specifically excludes copies made from obviously unlawfully produced or publicly available sources.

Is seeding illegal in Germany?

Not by itself. Seeding authorized content can be lawful. Seeding unauthorized copyrighted content can create copyright infringement risks.

Is downloading a torrent file itself illegal?

A .torrent file is generally metadata used by a torrent client. The more important legal question is what copyrighted content is being obtained or distributed and whether you have authorization.

Does using a VPN make torrenting legal?

No. A VPN can provide a privacy layer but does not provide permission to copy or distribute copyrighted material.

Can I get an Abmahnung for torrenting?

Yes, potentially. Unauthorized file sharing can lead to copyright warnings. German law specifically regulates Abmahnungen in Section 97a of the UrhG.

What is the penalty for copyright infringement in Germany?

The consequences depend on the type and circumstances of the infringement. Civil claims can include injunctions and damages, while Section 106 provides criminal penalties of up to three years’ imprisonment or a fine for certain unauthorized uses.

Are private torrent trackers legal?

Not automatically. A private tracker can legally distribute authorized content, but restricting membership does not create an exemption from copyright law.

Is torrenting Linux legal in Germany?

Generally yes when the Linux distribution is officially authorized for torrent distribution.

Are old movies automatically legal to torrent?

No. A movie being old or no longer commercially available does not automatically mean it is in the public domain.

Is torrenting safer if I only download and don’t seed?

Not necessarily. The underlying download may still raise copyright issues, and torrent clients can upload pieces while downloading depending on their configuration.

Final Thoughts

The biggest mistake is to ask only:

“Is torrenting legal in Germany?”

The better question is:

“Am I legally allowed to copy and distribute this particular content?”

Germany does not ban the BitTorrent protocol itself. BitTorrent can be used for completely legitimate purposes, including distributing open-source software, public-domain works, authorized content, and large files from projects that explicitly support P2P distribution.

However, Germany also has strong copyright protections and a well-established Abmahnung system.

If a torrent contains an unauthorized commercial movie, television program, music album, game, or software application, downloading and especially sharing it can expose the user to copyright risks.

The safest approach is simple:

Use torrents for content you are clearly authorized to download and share.

And remember:

A torrent’s availability does not prove that it is legal.