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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: BDSG

Posted in Consumer Privacy

German Parliament Passes New Federal Data Protection Act

On 27 April 2017 the German Parliament passed an entirely new Federal Data Protection Act. The new BDSG replaces the old BDSG, which has been in force for the last 40 years. The new BDSG shall adapt the German law to the provisions of the EU General Data Protection Regulation. The new BDSG will now form the basis for the adaption of German acts to the GDPR. Further acts concerning special processing situations like social security data protection are likely to follow.

Posted in International/EU Privacy

German Government Presents Revised Draft GDPR Implementation Bill

The EU’s General Data Protection Regulation, which comes into force in May 2018, is generally designed to align data protection requirements across the EU. However, its opening clauses offer countries some freedom in their implementation of the Regulation and, thus, room to differ. In August 2016, the German Ministry of the Interior released its first GDPR implementation proposal to widespread criticism from both experts and data protection authorities. Recently, the BMI published a revised proposal, a new Federal Data Protection Act. The draft provides further details regarding the scope and implementation of existing GDPR provisions and also contains additional data protection requirements beyond those provided for in the Regulation. We explore notable specifications to and deviations from the GDPR.

Posted in Consumer Privacy, International/EU Privacy, Privacy & Security Litigation

German Court Holds Presence of Irish Subsidiary Precludes Application of German Data Protection Law to Facebook

In a decision with important implications not only for Facebook but potentially for many companies not primarily located in Europe but with European customers, on February 14 the Administrative Court (Verwaltungsgericht) for the German State Schleswig-Holstein decided that German data protection law is not applicable to U.S.-based Facebook Inc. as well as its European subsidiary, Facebook Ireland Ltd., […]

Posted in International/EU Privacy

Germany: Parliament Appoints Hogan Lovells Lawyer as Expert for Public Hearing Regarding Whistleblower Jurisdiction and Data Protection

On March 5, 2012, the Committee of Labor and Social Affairs of the German Parliament (Deutscher Bundestag) held a hearing on a draft bill on whistleblowing. The draft bill contains extensive provisions protecting whistleblowers in German enterprise. The Committee has appointed Hogan Lovells lawyer Tim Wybitul as official expert for a hearing on whistleblowing provisions.