Tag archives: germany

First multi-million GDPR fine in Germany: €14.5 million for not having a proper data retention schedule in place

Data Protection Report - Norton Rose FulbrightOn October 30, 2019 the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragte für Datenschutz und Informationsfreiheit – Berlin DPA) issued a €14.5 million fine on a German real estate company, die Deutsche Wohnen SE (Deutsche Wohnen),  the highest German GDPR fine to date. The infraction related to the over retention of personal … Continue reading

German court: monitoring of employees by key logger is not allowed

Data Protection Report - Norton Rose FulbrightThe German federal labor court held in a recent decision (Bundesarbeitsgericht, 27 July 2017 – case no. 2 AZR 681/16) that the use of evidence obtained through the use of key logger software is not permitted under current German privacy law, if there is no suspicion of a criminal offense. Such monitoring is only allowed … Continue reading

Germany’s Parliament Approves Local Data Protection Law to Operate Alongside GDPR

Norton Rose Fulbright - Data Protection Report blogOn April 27, 2017, the German Federal Parliament voted to approve the new proposed German Federal Data Protection Act (“new FDPA”). The law would adapt the current German data protection law to the EU General Data Protection Regulation (GDPR). The federal chamber of the states, the German Federal Council, is expected to approved the new … Continue reading

German DPAs: 500 Companies to be Audited on Data Exports

Data Protection Report - Norton Rose FulbrightTen German data protection authorities (DPAs), led by the Berlin DPA, announced today that they will send formal questionnaires to about 500 companies in Germany to assess the scope of the companies’ cross-border data transfers. In a press release, the DPAs pointed out that the export of personal data to non-EU countries has become a … Continue reading

German law authorizing privacy “class actions” goes into force

Data Protection Report - Norton Rose FulbrightA new German law, which grants authority to the country’s consumer and business associations to enforce compliance with data protection laws, goes into force on February 24, 2016.  A representative of the German Ministry of Justice pointed out that the new enforcement powers are specifically aimed at foreign companies having their headquarters or operating from outside Germany, … Continue reading

German Data Protection Authorities Suspend BCR approvals, question Model Clause transfers

Data Protection Report - Norton Rose FulbrightFollowing on from the EU Article 29 Working Party Statement of 16 October 2015, the Conference of the German Data Protection Authorities – (“DPAs”) has today issued guidance (referred to as a Position Paper) on the consequences of the CJEU decision in the Schrems case (Case C-362/14).… Continue reading

German draft bill to authorize privacy “class actions”

Data Protection Report - Norton Rose FulbrightThe German government recently released a draft bill seeking to grant authority to the country’s consumer and business associations to enforce compliance with data protection laws. Because the proposed draft bill appears to have received support from the governing parties, we believe there is a high probability of the bill being enacted in the near … Continue reading
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