500 German companies will be asked in the coming weeks by 10 German data protection authorities to complete an extensive and detailed questionnaire about their transfers of personal data to third countries. Companies must indicate how they ensure an adequate level of data protection for such data transfers. The questionnaire also covers the use of cloud services provided by U.S. entities. The enquiry and the questionnaire (but not the list of targeted companies) were published by the German DPAs on 3 November 2016.
The German data protection authorities on September 26, 2011 adopted an “Orientation guide – cloud computing.” The guide sets out mandatory and recommended content for any agreement between German users of cloud computing services and cloud computing serving providers. It highlights the customer’s responsibility for full compliance with German data protection requirements for the cloud. Based on this orientation guide, customers and providers will have to review existing agreements in the German market.