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The new German Privacy Act

Changes in privacy law are lying ahead: On 25 May 2018 not only the EU General Data Protection Regulation (GDPR), but also the new German Privacy Act (BDSG-new) apply. The BDSG-new complements, specifies and modifies the GDPR. It provides rules for specific topics, e.g. for data processing in the context of employment, the designation of a data protection officer (DPO), scoring and credit checks as well as profiling.

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Privacy and IT Security: Review 2016 and prospects for 2017

2016 brought some important legal developments in the areas of privacy and IT security. We will show what has been important and what to expect in 2017.

Internet of Things, M2M, Big Data, Cloud Computing…As globalized digitalization and networking substantially increase in all areas of life and economic sectors, issues in the field of privacy, data security and IT security gain. The high amount of successful attacks on IT-Systems and data leaks discovered in 2016 demonstrate a considerable need for further action in these areas. New statutory provisions meet these needs and provide extensive obligations.

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The new records of data processing activities

As of May 2018, the EU General Data Protection Regulation (GDPR) applies. Until then data processing operations need to be adapted to the new requirements. We provide you with important information on the new records of data processing activities.

The GDPR stipulates broad requirements regarding the documentation and proof of compliance. In future, controllers have to prove that their data processing operations meet the requirements of the GDPR (accountability).

The records of processing activities, subject to Article 30 GDPR, are one important part of the privacy documentation. They are similar to the procedure index already known from German Privacy Law (BDSG).

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EU General Data Protec­tion Regula­tion – What remains? What changes?

With the EU General Data Protection Regulation (GDPR) being published in the Official Journal of the European Union a common European privacy law and the free and harmonized data traffic within the EU has been founded. After a two-year transitional period the GDPR will apply directly in all EU Member States on May 25, 2018.

In this article, we provide an overview of the major changes that enterprises need to adhere as part of their privacy strategy.

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IT-Security

At the end of the year 2015 the EU achieved a political consent on a draft of a European Network and Information Security Directive (NIS). Germany already transformed at least parts of the NIS into a German IT Security Law, which already came into force on 25 July 2015. But a number of question remain, in particular regarding the scope of application of the IT Security Law and the impact of the NIS on the IT Security Law.

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EU Data Protection

On 15 December 2015 the responsible EU institutions agreed on a joint text for the new EU Data Protection Regulation (EU-DPR). The agreement is a milestone in the reform of European Data Protection Law and at the same time start signal of strategies for EU Data Protection compliance. For the creation of a uniform framework for data protection in the EU only the final adoption by the European Parliament is still needed. This is expected in early 2016.

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