Federal Data Protection Law – horak Lawyers Munich/ Hannover

HORAK · LEGAL EXPERTISE

Federal Data Protection Law - horak Lawyers Munich/ Hannover

Personal data processing is governed primarily by the General Data Protection Regulation (GDPR), supplemented in Germany by the Federal Data Protection Act (BDSG), relevant state laws and sector-specific rules. Data protection must be distinguished from copyright and database rights, which may apply alongside it.

The protection of data regards not only the data protection act, but also many other areas of law such as industrial property rights and copyright (unauthorized down / upload of protected works, database law, etc.).

A lawful basis must be identified for each processing operation. Consent is one possible basis; contractual necessity, legal obligations and legitimate interests may also apply under their respective conditions. Special categories of personal data require an additional exception under Article 9 GDPR. Transparency, purpose limitation, data minimisation and security obligations apply independently of the chosen basis.

State data protection laws govern relevant processing by state and municipal public bodies, subject to the GDPR and applicable specialist legislation. The allocation between federal and state rules depends on the body and its activity.

The BDSG is not confined to the public sector. Section 1 defines its application to federal public bodies, specified state bodies and non-public bodies. Directly applicable EU law takes precedence; the BDSG supplements the GDPR where national provisions are permitted.

The BDSG and many other special regulations are also applicable to companies.

Public ownership or a private-law legal form does not alone determine the applicable regime. The organisation’s legal status, activity and the relevant statutory definitions must be assessed in each case.

Data Protection Laws:

The following legal general conditions are to be considered:

General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Directive 2006/24/EC on data retention was declared invalid by the Court of Justice on 8 April 2014 in Joined Cases C-293/12 and C-594/12. It is not a current legal basis.
Federal State data protection laws as well as other special legal regulations.

Data protection legal advice:

As Attorneys, we would offer you the following legal services, in case of privacy policy issues:

Data protection of organization of business models in companies and administration, taking into account the personal data of customers and employees.
Information and representation against data protection authorities as well as resolution of data protection violations.
Development of practical data protection and compliance concepts.
Provision of external data protection officers

For further information, please make sure to visit the website page: www.hitlaw.de (english)