Showing Posts In "Germany" Category

Germany Says GDPR Could Collapse as Ireland Dallies on Big Fines

German regulators are becoming impatient with Ireland, which, after two years since the enactment of the General Data Protection Regulation (GDPR), has yet to issue a single fine for a breach against an American tech giant. Ulrich Kelber, Germany’s Federal Commissioner for Data Protection, called the inaction “unbearable,” calling for a new European Union (EU) […]


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In Germany, DPAs are investigating a broad range of non-compliance issues and showing a tendency toward increasing their enforcement activities. For example, by the end of 2018, German DPAs issued more than 40 fines, with Hamburg, Bavaria, Berlin, North Rhine-Westphalia, Hesse, and Baden-Württemberg receiving the majority of the fines. Imposed fines were given for unsolicited […]

The German DPAs Will Start Random GDPR Audits

Random audits soon will be conducted by the Data Protection Supervisory Authorities (DPAs) for the German states of Lower Saxony and Bavaria. In July 2018, the DPA reached out to 50 companies with a questionnaire that included General Data Protection Regulation (GDPR) topics. Upon review of the answers, the DPA may then carry out additional […]

Job Interviews in Germany: No Right to Ask Applicants About Preliminary Investigations by Public Prosecution Office

The German Federal Labor Court recently passed a decision that dealt with what questions employers can and cannot ask in interviews with job applicants. Employers are entitled to ask job applicants questions as long and to the extent they have a “legitimate interest worth of approval and protection” in the response to such questions. It […]

German Government Budgets 10 Million EUR to Set Up Data Protection Foundation

Untitled Document On February 8, 2011, the German Federal Commissioner for Data Protection and Freedom of Information issued a concept paper setting forth concrete suggestions for the creation of a Data Protection Foundation (the “Foundation”). The Foundation is intended to function in a manner similar to the German consumer protection organization (StiftungWarentest) that evaluates and […]

International HR Briefing: Germany, July 2012

Revision of current data protection legislation in Germany has been the subject of debate before the German parliament since 2009. A draft Bill which resulted was heavily criticized by both trade unions and employer associations. However, it appears that the debate may have re-ignited recently and the most recent version draft legislation could become law […]

New EU Data Protection Regime Will Bring Significant Changes

On 25 January 2012 the Commission’s official proposal for the reform of the European Data Protection Directive 95/46/EU was presented. We have analysed this 119-page draft and have summarised its main aspects. Although there will be further changes to the draft before its envisaged entry into force in 2015/2016, the decisive legislative phase begins now, […]

New German Act on Employee Data Privacy Likely

Companies with employees in Germany should pay attention to data privacy legislation that is likely to affect their operations this year because the German government’s ruling coalition has unexpectedly announced that it intends to soon pass employee data protection legislation. The legislation has been highly debated since it was first released in 2010. The revised […]

German Data Protection Commissioners Push Government Towards Suspension of US – EU Safe Harbor Regime

German data protection commissioners have sent a letter to the German Chancellor Angela Merkel, asking her to urge the European Union to suspend the US – EU Safe Harbor regime because of the recently disclosed NSA activities. The letter is signed by the Federal Commissioner for Data Protection and Information Freedom and the State data […]


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