Germany
Germany Germany maintains a high level of data protection, closely integrated into the European legal framework. The EU General Data Protection Regulation (GDPR), effective since 25 May 2018, provides the primary framework. In parallel, the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) was enacted on the same day, implementing national provisions and filling GDPR’s opening clauses. The German Constitutional Court (Bundesverfassungsgericht) has recognized a fundamental right to informational self-determination since 1983, emphasizing the constitutional weight of privacy. Overall, the German data protection regime is shaped by the GDPR as the common European framework, supplemented by the BDSG and further sector-specific regulations.
national rules, notably in the fields of employment data, processing of special categories of personal data (such as health data for social purposes), and certain derogations for scientific research, statistics, and archiving. Part 3 of the BDSG transposes Directive (EU) 2016/680 (Law Enforcement Directive). In addition, Germany has numerous sector-specific data protection laws (e.g., in finance, energy) which must be applied consistently with the GDPR. Supervisory authorities: Unlike some EU Member States, Germany does not have a single central supervisory authority. Instead, each federal state (Bundesland) has its own Data Protection Authority, and the Federal Commissioner for Data Protection and Freedom of Information (BfDI) oversees federal authorities and specific sectors. These regulators coordinate within the Conference of the Independent Data Protection Supervisory Authorities (Datenschutzkonferenz; DSK) to ensure harmonized enforcement across Germany. Mandatory Data Protection Officers (DPOs): Germany has extended the GDPR’s requirement under Article 37. Pursuant to § 38 BDSG, a company must appoint a DPO if at least 20
Core Data Protection Laws and Regulations
GDPR and BDSG: As an EU regulation, the GDPR applies directly in Germany. The BDSG 2018 adds
Contact Us
+49 - 69 - 4500 13 525 https://www.omf-law.com jan.koenig@omf-law.com MesseTurm | Friedrich-Ebert-Anlage 49 D-60308 Frankfurt am Main
Made with FlippingBook - PDF hosting