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Showing Posts In "Germany" Category





FIRST DECISION OF A GERMAN DATA PROTECTION AUTHORITY ON SUPPLEMENTARY MEASURES FOR INTERNATIONAL PERSONAL DATA TRANSFERS FROM EUROPE

A decision issued in March 2021 by the Bavarian Data Protection Authority is the first German enforcement action in connection with last year’s decision of the Court of Justice of the European Union on the validity of the European Commission’s Standard Contractual Clauses and the EU-US Privacy Shield. In the CJEU Decision, the court held […]


GERMAN DATA PROTECTION AUTHORITY DECIDES ON SUPPLEMENTARY MEASURES FOR INTERNATIONAL DATA TRANSFERS

A decision issued in March 2021 by the Bavarian Data Protection Authority is the first German enforcement action in connection with last year’s decision on the validity of the European Commission’s Standard Contractual Clauses and the EU-US Privacy Shield. In the CJEU Decision, the court held that a transfer of personal data from the EU […]


AT A GLANCE: HIRING EMPLOYEES IN GERMANY 

In Germany, are there any restrictions or prohibitions against drug and alcohol testing of applicants? Alcohol and drug tests may be required if an applicant, by drug or alcohol-related misconduct, could endanger him or herself or others or cause substantial property damage. Such tests require the applicant’s consent. Refusal to consent may cause the employer […]


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) […]


PRIVACY GERMANY

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GDPR ENFORCEMENT UPDATE: INCREASING FINES EXPECTED FROM GERMAN DPAS

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 […]




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