Data Protection Law in Germany

The data protection legislation was enacted in Germany to provide a legal framework for the protection of the information given by natural persons and legal entities. It offers provisions of the security requirements that must be respected by various entities and it gives a clear understanding of internet usage in this sense. Our law firm in Germany can offer legal assistance on the ways in which the provisions of the law are enforced here, as well as on the rights and obligations deriving from this law. 

Main laws for the protection of data in Germany 

The data protection in Germany aims at the control of the personal information of various categories of persons in the online environment. The main rule of law in this sense is the Federal Data Protection Act, which included in its regulations the European Union’s directives related to this matter (Directive 95/46/EC). 

Further on, there are other related rules of law, as follows: 

• Telemedia Act created for the protection of electronic information and various communication services available in Germany;

• Telecommunications Act, which refers to the protection of the personal data of the persons using telecommunication services;

• Criminal Code – it provides a section on the privacy of data in the business environment;

• Social Security Code – enabled to give a legal framework for the protection of data provided by Germans to the social security services and to medical institutions;

• State Press Law – created for the protection of data in the journalistic environment. 

The Federal Data Protection Act was last amended in September 2009, which included new rights for the natural persons living here. Our German law firm can offer more details on the amendments. For example, the Act prescribes that companies can’t collect data without the prior approval of the individuals. 

Personal data in Germany  

Those who want to relocate to Germany or to obtain German residency must also find out details on the privacy regulations. For example, personal data has a broad meaning in Germany and it includes all the data which refer to the personal aspects of an individual. It is important to know that personal data takes into consideration only natural persons, as legal entities are not included in this category. 

However, personal data law can be applicable to sole traders.  

We invite those interested in finding out more details on the data protection legislation to contact our German law firm.