On 27 april 2017 the german parliament passed the new federal data protection act the bundesdatenschutzgesetz or new bdsg which from 25 may 2018 will replace the current german data protection act. The new german federal data protection act squire patton boggs. German parliament passes new federal data protection act in preparation for gdpr. The german parliament has passed a new federal data protection act fdpa intended to adapt current german data protection laws to align with the eu general data protection regulation gdpr under the gdpr, member states have some flexibility in passing local laws to further specify the gdprs application. Federal data protection act bdsg federal data protection act of 30 june 2017 federal law gazette i p. The european unions eu general data protection regulation gdpr is scheduled to take effect on may 25, 2018, and was created to promote greater harmonization of data protection laws across the eu member states. Germany passed its new federal data protection act. We consider why this law is needed and the implications for data protection compliance in germany and across the eu. The german bundesdatenschutzgesetz bdsg is a federal data protection act, that together with the data protection acts of the german federal states and other areaspecific regulations, governs the exposure of personal data, which are manually processed or stored in it systems. Specifically, on july 30, 2015 the bavarian dpa announced that it has fined two companies, both the seller and the acquirer, in an asset deal with a five figure eur sum for transferring customer emailaddresses collected during operating an online shop in violation of the german federal data protection act. Overall, the german legislator appears to have taken the approach of retaining as much as possible of germanys existing federal data protection act such as. In case of a mandatory appointment of a dpo, an employee who serves as a dpo is protected against dismissal for one year after the appointment ends, except for extraordinary termination reasons. Among these, the commissioned processing of personal data is named, specifying the data is processed. On july 3, 2009, the german federal parliament passed comprehensive amendments to the federal data protection act the federal act.
Nowadays, the basic act regulating data protection and privacy in germany is the german federal data protection act bundesdatenschutzgesetz the fdpa that implements the provisions of the eu data protection directive into german law. The new law is intended to replace the existing federal data protection act with an identically named new act. The bdsg potentially goes beyond the scope of the gdpr, according to the report, making some wonder if the complex and specific provisions laid out will be upheld by german courts and authorities if they are deemed not in line with the eu regulation. Journal of health monitoring 12month prevalence of asthma among adults in germany journal of health monitoring. The german privacy act bundesdatenschutzgesetz bdsg provides for. Data protection directive, of the german federal data protection act bundesdatenschutzgesetz bdsg and with all sectorspecific regulations on data protection, but the undertakings of the insurance industry having joined this code of conduct shall also commit them. The german association for data protection and data security gdd was founded in 1976 and stands as a nonprofit organization for practicable and effective data protection. Independent german federal and state data protection supervisory.
The new bdsg will now form the basis for the adaption of german acts to the gdpr. Main provisions overall, the german legislator appears to have taken the approach of retaining as much as possible of germany s existing federal data protection act such as the requirement to appoint a dpo. Bdsgnew will fully replace the current german federal data protection act bdsg and is intended to adjust the german legal framework to the new european general data protection regulation gdpr. Journal of health monitoring 32017 prevalence of asthma. Germanys federal assembly has approved the new federal data protection act with amendments in german only, which is set to replace and adapt current german data protection laws to align with the eu general data protection regulation gdpr. The author first briefly examines the meaning of privacy. Pdf, 671kb, file does not meet accessibility standards. Priorities lie increasingly on avoiding the storing of data and on promoting the use of it sparingly. The new bdsg marks the first step toward adapting german law into the provisions of the eu general data protection regulation. Germany approves new federal data protection act blog. Federal data protection act of 30 june 2017 federal law gazette i p. On april 27, 2017, the german federal parliament adopted the new german federal data protection act to replace the existing federal data protection act of 2003.
Germany new law adopted to implement the gdpr the german federal council has now approved a new federal data protection act new fdpa which will replace its existing law when the general data protection regulation 2016679 gdpr comes into force in may 2018. National data protection authority in germany dla piper. Germany has adjusted the german legal framework to the gdpr by passing the new german federal data protection act bundesdatenschutzgesetz bdsg. This comment discusses the provisions of the act, and analyzes the success of the act in protecting privacy. Germany publishes english translation of the federal data. The gdpr has direct effect in eu members states, but it allows member. Act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680 dsanpugeu of 30 june 2017 the bundestag has adopted the following act with the approval of the bundesrat. The same applies when personal data is processed that is subject to a data protection impact assessment. It was published in the german federal law gazette on 5 july 2017. Effective may 25, 2018, the eu general data protection regulation gdpr will gov.
Federal data protection act bdsg gesetze im internet. The legal information system of the republic of austria. The german ministry of interior affairs has published an english translation of the new federal data protection act bundesdatenschutzgesetz bdsg. The new bdsg adapts german law in line with the eus new general data protection regulation the gdpr. Representation on the european data protection board, single contact point, cooperation among the federal supervisory authorities and those of the lander concerning european union matters section 17 representation on the european data protection board, single contact point. The eu general data protection regulation regulation eu.
Germany was the first eu member state to pass its new national data protection law in order to align existing legislation with the general data protection regulation gdpr. On friday 12 may 2017, the german legislative body bundesrat, which represents the sixteen federal states on a national level, approved a new federal data protection act bundesdatenschutzgesetz bdsgnew, which was already passed by the german parliament bundestag on 27 april 2017 find the original text here with amendments. This special ticker offers an overview of the new german federal data protection act for the implementation of european regulations with a clear focus on the nonpublic sector in particular companies. The german association for data protection and data. The gdpr, it concluded, was ensuring that increasing numbers of eu citizens were aware of data protection legislation and of their rights, and. The german federal labor court held in a recent decision bundesarbeitsgericht, 27 july 2017 case no.
On 5 july 2017 the new german federal data protection act bundesdatenschutzgesetz bdsg, new bdsg was promulgated and will replace the current bdsg when it enters into force together with the gdpr on 25 may 2018. Federal data protection and information commissioner. Part i common provisions chapter 1 scope and definitions section 1 scope of the act. The new federal data protection act bdsg, pdf in german.
The new german federal data protection act skw schwarz. The new bdsg replaces the old bdsg, which has been in force for the last 40 years. The new german federal data protection act fdpa was only recently enacted, after a long discussion. The position of federal data protection commissioner was created in 1993, with the entry in force on 1 july 1993 of the federal act on data protection of 19 june 1992. Today, the german legislative body bundesrat, which represents the sixteen federal states on a national level, approved a new federal data protection act bundesdatenschutzgesetz bdsgnew. Code of conduct for the handling of personal data by the. The german telemedia act compels companies, associations and societies to disclose on their websites how they intend to use the data of their website visitors. On 5 july 2017, the new german data protection act bdsgnew was officially published in the federal gazette.
Act to adapt data protection law to regulation eu 2016679 and to implement. German parliament passes new federal data protection act. Such monitoring is only allowed when an employer has a concrete suspicion of a criminal offense by an. The new federal data protection act applies simultaneously with the gdpr from may 25, 2018 and governs data protection just like the current federal data protection act federal data protection act2003 in the public sector and nonpublic sector compa nies, etc. The german parliament approved the draft of a new federal data protection act amendment act on april 27, 2017 bundestag printing matter 18125 and 1812804 and bundesrat printing matter 33217 in order to align the german data protection law with the requirements of the european general data protection regulation gdpr and to make use of the opening clauses of the gdpr. The gdd interacts with government officials, data protection authorities, associations and privacy experts worldwide. German health interview and examination survey for adults. On 27 april 2017 the german parliament passed an entirely new federal data protection act. Insight into the new german federal data protection act. The federal data protection act contains a number of security requirements restricting for example access to data processing facilities. The act has created the office of a federal data protection commissioner who is elected by the bundestag. Data protection act and was approved by the german. Germany publishes english version of its national gdpr. Federal data protection act german translation linguee.
Germany extends territorial scope of its new federal data protection act. The position was renamed federal data protection and information commissioner in 2006, with the entry in force on 1 july 2006 of the federal act on freedom of information in the administration of 17 december 2004. The german federal council has now approved a new federal data protection act new fdpa which will replace its existing law when the general data protection regulation 2016679 gdpr comes into force in may 2018. Introduction germany is the first eu member state to implement the general data protection regulation gdpr into national law. Article 1 federal data protection act bdsg table of contents part 1 common provisions chapter 1 scope and definitions. Adaptation of the german federal data protection act to. The market research company conducting data sampling is member of a group with general ethical approval from the government to conduct these types of surveys. On 5 july 2017 the new german federal data protection act.
Translation of press release of the german federal data. The new german federal data protection act to adapt the law to the eu gdpr. The german ministry of the interior recently published the english translation of the new federal data protection act, bundesdatenschutzgesetz, hogan lovells chronicle of data protection reports. Participants provided written informed consent prior to the interview and examination. Draft bill to adapt the german federal data protection act published the entry into force throughout the european union of the eu general data protection regulation as of may 25 2018 will not. The bdsg was officially published on july 5, 2017 and came into force together with the gdpr on may 25, 2018. At federal level, a similar act was enacted in 1977. Germanys new federal data protection act poses problems for eus harmonization of data protection laws. To what extent have lawmakers aligned this legislation with the core components of the european general data protection regulation gdpr.
Network enforcement act netzdurchsetzunggesetz, netzdg federal data protection act bundesdatenschutzgesetz, bdsg bverfge 142, 123 omtprogramme of the ecb ezb bverfge 122, 374 renewable energy sources act erneuerbare energien gesetz, eeg bverfge 141, 82 professional partnership of lawyers with physicians and pharmacists. The act now awaits signature by the german president to become law. The new german federal data protection act to adapt the. Germanys data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when federal minister of justice heiko maas on february 11, 2014 announced a new draft bill that would allow consumer protection associations to take businesses to court for data protection law breaches. The new bdsg is intended to adapt the current german data protection law to the eu general data protection regulation which will become effective on may 25, 2018. The new bdsg shall adapt the german law to the provisions of the eu general data protection regulation. The data protection adaptation and implementation act eu is intended to fill the regulatory space left by the gdpr on the one hand and to. These amendments also passed the federal council on july 10, 2009, and the revised law will enter into force on september 1, 2009. Both bdsgnew and the gdpr will become effective 25 may 2018. Germany new law adopted to implement the gdpr tmt news. Germanys new federal data protection act poses problems. On 27 april 2017 the german parliament passed the bdsg in order to make use of the opening clause provided for in the eu general data protection regulation gdpr. Relevant data protection laws austrian data protection. Germany enacted the new federal data protection act.