GDPR Legislation in Germany

Germany was one of the first states in the EU to adopt support legislation that will allow for the alignment with the EU General Data Protection Regulation (GDPR). The German law and the EU law focus on the collection and use of data from employees as well as other special categories of data.

Proper implementation of these rules is important for all companies in Germany as the sanctions for non-compliance can be unrelenting, especially for small and medium-sized businesses. Our team of lawyers in Germany can provide in-depth details and explanations for the manner in which personal data is to be collected and treated.

The Federal Data Protection Act in Germany

The Federal Data Protection Act replaces the existing laws and it was already in place when the GDPR entered into force across the EU at the end of May 2018.

Like the EU General Data Protection Regulation, the German law focuses on the roles of the data controller and processor and the manner in which the data is processed.

The list below contains some of the highlights of the FDPA:

• • Employee’s personal data: the FDPA contains important provisions for the manner in which personal data is processed in case of employees.
• • Sensitive personal data: the FDPA and the GDPR refer to the legal manner in which personal data (political, religious and sexual preferences) are to be recorded and processed;
• • Data Protection Officers: a requirement is in place to appoint a data protection officer (as expressly stated in the GDPR);
• • Fines: the FDPA may impose additional fines in addition to the substantial ones already in place according to the GDPR.

One of our German lawyers can provide detailed information about these points of interest. 

The GDPR in Germany

The GDPR is an EU-wide law but it allows member states to implement their own specific rules for the protection of citizens. One particular area in which this applies in the case of Germany is for the data belonging to employees.

The GDPR will also apply to a foreign company that does not have its place of business in Germany or the EU but has EU clients, most notably German citizens.

The FDPA and the GDPR are meant to be interpreted in a parallel manner and our team of attorneys in Germany can help you with all of the needed legal counseling for this purpose.

Contact our law firm in Germany for more information about the services we provide.