Showing Posts In "Germany" Category

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 […]

EU Needs ‘German Standards’ on Data Privacy

In response to the recent disclosures of the U.S. National Security Agency surveillance programmes, German Justice Minister Sabine Leutheusser-Schnarrenberger said EU data privacy rules should be as strict as those found in Germany. “High German data protection standards should be the rule,” she said. “U.S. companies that do not uphold these standards should be banned […]

Country Background Screening Essentials

The primary law governing background checks in Germany is The Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG). As of 1 September 2009 the BDSG provides comprehensive regulation of the processing of personal data. In addition, each German State has privacy legislation and data privacy commissioners to enforce State laws. The German federal government amended the existing […]

Background Checks in Germany

Germany currently contains no specific legislation regarding background checks. However, statutory constraints do exist pertaining to the attainment and storage of personal data. Employers must stay within their rights and limitations outlined by the German Equal Treatment Act (AGG), the German Data Protection Act, and the personality rights of each applicant protected under the German […]

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