Data protection laws and regulations germany covers relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and of processors in 42 jurisdictions. Both the gdpr, which has been in force since 25 may 2018, and the new version of the federal data protection act bdsg, which flanked and amends the gdpr, now form the legal basis for employee data protection in germany. In canada there are 28 federal, provincial and territorial privacy statutes excluding statutory torts, privacy requirements under other legislation, federal antispam legislation, identity theft criminal code etc. The english translation includes the amendments to the act by article 12 of the act of 20 november 2019 federal law gazette i, p. Part i common provisions chapter 1 scope and definitions section 1 scope of the act. Network enforcement act netzdurchsetzunggesetz, netzdg federal data protection act bundesdatenschutzgesetz, bdsg bverfge 142, 123 omtprogramme of the ecb ezb bverfge 122, 374 renewable energy sources act erneuerbare energien gesetz, eeg bverfge 141, 82 professional partnership of lawyers with physicians and pharmacists. The new bdsg shall adapt the german law to the provisions of the eu general data protection regulation.
Data protection act dpa quiz practice exam questions. Insight into the new german federal data protection act. The new bdsg adapts german law in line with the eus new general data protection regulation the gdpr. On july 3, 2009, the german federal parliament passed comprehensive amendments to the federal data protection act the federal act. Data protection laws and regulations covering issues in germany of. On 5 july 2017, the new german data protection act bdsgnew was officially published in the federal gazette. In addition to the gdpr, germany has enacted the federal data protection act of 30. Bundesdatenschutzgesetz bdsg federal data protection act stand. In the year 1970, the federal state of hessen passed the first national data protection law, which was also the first data protection law in the world. German parliament passes new federal data protection act in preparation for gdpr. The german federal data protection act has separate provisions for data. Over time, the german federal data protection act was subsequently amended to.
Bundesdatenschutzgesetz bdsg federal data protection. German parliament passes new federal data protection act hl. Federal data protection act of 30 june 2017 federal law gazette i p. The european unions new general data protection regulation will go into force may 25, after six years of preparation. The german parliament approved the draft of a new federal data protection act amendment act on april 27, 2017 bundestag printing matter 18125 and 1812804 and bundesrat printing matter.
This comment discusses the provisions of the act, and. Section 9 of the german federal data protection act bdsg speaks of the implementation of technical and organizational measures required in order to be compliant with the law. German parliament passes new federal data protection act. Adaptation of the german federal data protection act to.
Proposed reforms to the german federal data protection act fdpa, if adopted, will have a considerable impact on companies doing business in that country. The new bdsg is intended to adapt the current german data protection law to the eu general data protection regulation which will become effective on may 25, 2018. Federal data protection act bdsg federal data protection act of 30 june 2017 federal law gazette i p. Download 14 july 2017act to adapt data protection law act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680 pdf, 671kb, file does not meet.
The data protection laws of the german federal states bundeslander will also be adapted. For this, the data controller must perform a threepart test and identify the. Tribunal means the information and data protection. Person who has data about them stored outside their direct control. Germany the privacy, data protection and cybersecurity law. New german federal data protection act officially published. The new german federal data protection act to adapt the. Tribunal means the information and data protection appeals tribunal established under article 24.
The gdpr has direct effect in eu members states, but it allows member states. See german federal commissioner for data protection and freedom of. A few facts about the federal act on data protection. The new german federal data protection act to adapt the law. Even if the new federal data protection act will end up lowering the requirements for companies in some respects, the gdpr itself remains the inevitable and true game. On 27 april 2017 the german parliament passed the new federal data protection act the bundesdatenschutzgesetz or new bdsg which from 25 may 2018 will replace the current german data protection act. Network enforcement act netzdurchsetzunggesetz, netzdg federal data protection act bundesdatenschutzgesetz, bdsg bverfge 142, 123 omtprogramme of the ecb ezb bverfge. Prior to this, the german state hesse had implemented the worldwide first data. The practical implications of the act for veterinary surgeons are set out here by the data protection registrars office. May 15, 2017 today, the german legislative body bundesrat, which represents the sixteen federal states on a national level, approved a new federal data protection act bundesdatenschutzgesetz bdsgnew. Federal data protection act englishgerman dictionary. Data protection act 1998, section 10 is up to date with all changes known to be in force on or before 03 may 2020. Finally, on 1 january 1978, the first federal data protection act came into force.
The german parliament approved the draft of a new federal data protection act amendment act on april 27, 2017 bundestag printing matter 18125 and 1812804 and bundesrat printing matter 33217 in order to align the german data protection law with the requirements of the european general data protection regulation gdpr and to make use of the opening clauses of the gdpr. On 5 july 2017 the new german federal data protection act. The act implements the european general data protection regulation gdpr and will enter into force on 25 may 2018. Under the gdpr, member states have some flexibility in passing local laws to further specify the gdprs application. Federal data protection act bundesdatenschutzgesetz. The facility had to use a manual system to restore. The german federal data protection act the act dates back to its first enactment in february 1977. Of all the branches of international corporate law practice, perhaps the one that.
On 27 april 2017 the german parliament passed the new federal data protection act the bundesdatenschutzgesetz or new bdsg which from 25 may 2018 will replace the current german. Translations may not be updated at the same time as the german legal provisions displayed on this website. German parliament passes new federal data protection act in. Federal data protection act bundesdatenschutzgesetz, bdsg. But compliance with foreign data privacy laws has now become. Riccardi, the german federal data protection act of 1977. Germany publishes english translation of the federal data. On april 27, 2017, the german federal parliament adopted the new german federal data protection act to replace the existing federal data protection act of 2003. The new bdsg replaces the old bdsg, which has been in force for the last 40 years. On 19 february 2003, the federal council submitted to parliament a draft bill modifying the data protection act as well as a decision on the accession of switzerland to the additional protocol of 8.
The german parliament has passed a new federal data protection act fdpa intended to adapt current german. Germany approves new federal data protection act blog. Law in canada dla piper global data protection laws of. The act extends the protection of private persons provided by the swiss civil code scc and regulates in a more detailed manner the processing of data by. The new federal data protection act applies simultaneously with the gdpr from may 25, 2018 and governs data protection just like the current federal data protection act federal data protection act 2003 in the public sector and nonpublic sector companies, etc. The german federal labor court held in a recent decision bundesarbeitsgericht, 27 july 2017 case no. It will replace the former german data protection act. The german parliament has passed a new federal data protection act fdpa intended to adapt current german data protection laws to align with the eu general data protection regulation gdpr.
These amendments also passed the federal council on july 10. The german federal data protection act of 1977 digital commons. Draft bill to adapt the german federal data protection act published the entry into force throughout the european union of the eu general data protection regulation as of may 25 2018 will. If you handle any sort of personal information about individuals then data protection is an incredibly important issue that you must take into consideration. Find answers to your privacy questions from keynote speakers and. These amendments also passed the federal council on july 10, 2009, and the revised law will enter into force on september 1, 2009. Federal data protection act bdsg gesetze im internet. Personal data must not be transferred to countries if the level of protection guaranteed by the gdpr cannot be guaranteed. Federal act on data protection fadp of 19 june 1992 status as of 1 january 2014 the federal assembly of the swiss confederation, based on articles 95, 122 and 173 paragraph 2 of the federal constitution1,2 and having regard to the federal council dispatch dated 23 march 19883, decrees. The german ministry of the interior recently published the english translation of the new federal data protection act, bundesdatenschutzgesetz, hogan lovells chronicle of data protection reports.
There are changes that may be brought into force at a future date. On 19 february 2003, the federal council submitted to parliament a draft bill modifying the data protection act as well as a decision on the accession of switzerland to the additional protocol of 8 november 2001 to the convention for the protection of individuals with regard to the automatic processing of personal data. Federal data protection act of december 20, 1990 bgbl. The new federal data protection act applies simultaneously with the gdpr from may 25, 2018 and governs data protection just like the current federal data protection act federal data protection act2003 in the public sector and nonpublic sector companies, etc. The data protection directive officially directive 9546ec on the protection of individuals with regard to the processing of personal data and on the free movement of such data is a european union directive which regulates the processing of personal data within the european union. Jul 21, 2017 in fact, the new bdsg, which will replace the existing federal data protection act dated 2003, aims to adapt the german law to the provisions of the gdpr.
Bdsgnew will fully replace the current german federal data protection act bdsg and is. It was published in the german federal law gazette on 5 july 2017. The new bdsg marks the first step toward adapting german law into the provisions of the eu general data protection regulation. Germanys data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when federal minister of justice. Apr 28, 2017 on april 27, 2017, the german federal parliament adopted the new german federal data protection act to replace the existing federal data protection act of 2003. Jan 26, 2017 draft bill to adapt the german federal data protection act published the entry into force throughout the european union of the eu general data protection regulation as of may 25 2018 will not. Moreover, controllers of such data must undergo an examination of. The german federal data protection act of 1977 bdsg represents an attempt by the legislature of west germany to deal with that danger. Germany is the first eu member state to implement the general data protection regulation gdpr into national law. The 1998 act lists eight data protection principles that must be observed by gps in their capacity as data collectors. The new german federal data protection act fdpa bundesdatenschutzgesetz bdsgneu has been announced as art. German federal parliament passes new german data protection act. Bdsgnew will fully replace the current german federal data protection act bdsg and is intended to adjust the german legal framework to the new european general data protection regulation gdpr.
Download 14 july 2017act to adapt data protection law act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680 pdf, 671kb, file does not meet accessibility standards. The new bdsg will now form the basis for the adaption of german acts to the gdpr. Germany has a federal data protection agency and sixteen state data protection agencies. The data protection act 1984 requires anyone who holds or controls collections of personal information in an electronic format to register the purposes for which they hold such information. Data protection 2019 laws and regulations germany iclg. More specific national legal acts will also be passed for areas such as personal data in the context of registration, tax or health. Today, the german legislative body bundesrat, which represents the sixteen federal states on a national level, approved a new federal data protection act bundesdatenschutzgesetz bdsg. Within the context of supervisory authorities powers and sanctioning practice, questions. For example, even though the gdpr would allow for a less strict regime with respect to the necessity of having an internal data protection officer, the new fdpa more or less repeats what the old german federal data protection act already required, namely, that any company with more than 10 people involved the processing of data has to. The author first briefly examines the meaning of privacy. The act implements the european general data protection regulation. The new federal data protection act applies simultaneously with the gdpr from may 25, 2018 and governs data protection just like the current.
However, any german statutory law impacting data protection will be. How you obtain, store, share and use information is a sensitive subject and there are many laws surrounding what you can and cant do. The new federal data protection act will enter into force on 25 may 2018 and bring substantial changes to the current federal data protection act in order to align national data. In 1971, the first draft bill was submitted for a federal data. The new federal data protection act will enter into force on 25 may 2018 and bring substantial changes to the current federal data protection act in order to align national data protection law with the general data protection regulation and make use of the opening clauses in the gdpr and the directive eu 2016680 on data protection in criminal justice. In fact, the new bdsg, which will replace the existing federal data protection act dated 2003, aims to adapt the german law to the provisions of the gdpr. Introduction germany is the first eu member state to implement the general data protection regulation gdpr into national law.
This comment discusses the provisions of the act, and analyzes the success of the act in protecting privacy. This code of practice offers guidance to gps on how to best observe the eight principles in nhs general practice. It is an important component of eu privacy and human rights law. The new german federal data protection act fdpa was only recently enacted, after a long discussion. Data matters privacy blog new german federal data protection. It replaces the data protection directive 9546 ec and was designed to harmonize data privacy laws across europe, protecting and empowering all eu citizens. In 1971, the first draft bill was submitted for a federal data protection act.
Germanys federal assembly has approved the new federal data protection act with amendments in german only, which is set to replace and adapt current german data protection laws to align with the eu general data protection regulation gdpr. On 27 april 2017 the german parliament passed an entirely new federal data protection act. The german act to adapt data protection law to regulation eu. On 5 july 2017 the new german federal data protection act bundesdatenschutzgesetz bdsg, new bdsg was promulgated and will replace the current bdsg when it enters into force together with the gdpr on 25 may 2018. Germanys federal assembly has approved the new federal data protection act with amendments in german only, which is set to replace and adapt. Adaptation of the german federal data protection act to the. Regardless of what will be the final provisions contained in the new federal data protection act, companies should start working on becoming gdpr compliant as soon as possible. Federal data protection act bdsg german law archive. A few facts about the federal act on data protection the fadp provides an overall framework and deals with data protection using principles similar to those applied in other countries. Since 25 may 2018, the principal data protection legislation in the.