Federal data protection act bdsg federal data protection act of 30 june 2017 federal law gazette i p. Part i common provisions chapter 1 scope and definitions section 1 scope of the act. German dpa guidance on employee data protection and covid. On friday 12 may 2017, the german legislative body bundesrat, which represents the sixteen federal states on a national level, approved a new federal data protection act bundesdatenschutzgesetz bdsgnew, which was already passed by the german parliament bundestag on 27 april 2017 find the original text here with amendments. 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. Federal data protection act bdsg gesetze im internet. The german bundesdatenschutzgesetz bdsg is a federal data protection act, that together with the data protection acts of the german federal states and other areaspecific regulations, governs the exposure of personal data. A highlevel comparison between the south african protection of personal information act and international data protection laws conference paper pdf available march 2017 with 5,363 reads. Over the last four decades, the privacy of personal data has been the subject of. Consequently, the german federal data protection commissioner ulrich. The german act to adapt data protection law to regulation.
The new law will enter into force with general data. On 25 may 2018, the general data protection regulation gdpr will come into force, bringing with it new obligations for any organisation that handles personal data including veterinary. The german federal data protection act requires cooperation between the german supervisory authorities. Whitepaper on german data protection page 2 bundesdatenschutzgesetz data processing under the bdsg in the context of bdsg, processing includes any operation or set of operations performed on personal data e. On 27 april 2017 the german parliament passed an entirely new federal data protection act. Article 1 federal data protection act bdsg table of contents part 1 common provisions chapter 1 scope and definitions. In some of these cases, the subsequent value of the 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.
It is part of a wider package of reform of data protection in the uk that replaces the data protection act 1998. This special ticker offers an overview of the new german federal data protection act for the implementation of european regulations with a clear focus on the nonpublic sector in particular companies. The draft for the german patient data protection act pdsg is now available, federal health minister jens spahn announced at the end of january. Germany new law adopted to implement the gdpr the german federal council has now approved a new federal data protection act new fdpa which will replace its existing law when the general data protection regulation 2016679 gdpr comes into force in may 2018. The new bdsg is intended to adapt the current german data protection law to the eu general data protection. German health minister jens spahn presents draft law for. 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. The new bdsg shall adapt the german law to the provisions of the eu general data protection regulation. In case of a mandatory appointment of a dpo, an employee who serves as a dpo is protected against dismissal for one year after the appointment ends, except for extraordinary termination reasons. The data protection act dpa governs the holding and processing of personal data. Effective may 25, 2018, the eu general data protection. The term 9 highrisk data practice means an action by a cov10 ered entity that involves 11 a a systematic or extensive evaluation of 12 personal data. More specific national legal acts will also be passed for areas such as personal data in the context of registration, tax or health.
Federal soil protection act bodenschutzgesetz, bbodschg. The new law is intended to replace the existing federal data protection act with an identically named new act. In modern societies, in order to empower us to control our data and to protect us from abuses, it is essential that data protection. The draft bill, now subject the vote of the federal government, is intended to regulate access rights to patient data. Pursuant to the gdpr and the additional relevant german data protection laws e. View our covid19 frequently asked questions on data protection in germany. Translation provided by the federal ministry for justice and brian duffett. Personal data means information which identifies any living individual or can, with other information held by you, identify any individual. It applies to those responsible for controlling and processing personal data. Data protection is commonly defined as the law designed to protect your personal data.
Organizations must understand how the bdsgs requirements vary and when they apply in addition to the gdpr. The act against unfair competition german law archive. Pdf a highlevel comparison between the south african. Data protection independent complaint bill hl 201920 baroness kidron, a keen advocate of the icos recently published age appropriate design code of practice. Act on protection against harmful changes to soil and on rehabilitation of contaminated sites in the version published on 17 march 1998 federal law gazette i p. The data protection adaptation and implementation act eu is intended to fill the regulatory space left by the gdpr on the one hand and to transpose the eu data protec tion directive into german law in cases of law enforcement and crime prevention on the other hand. The dsk makes it clear that data protection does not hinder measures to fight covid19. Germany enacted the new federal data protection act bundesdatenschutzgesetz bdsg on july 5 2017 and it took effect on may 25, 2018. 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. Representation on the european data protection board, single contact point, cooperation among the federal supervisory authorities and those of the lander concerning european union matters section 17 representation on the european data protection board, single contact point. Who is responsible for processing my data and how can i contact the data protection commissioner. What is the data protection act, and how does it affect my.
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. Data protection principles for the 21st century 3 or when sophisticated algorithms used on previously collected personal information results in medical breakthroughs that save lives. The general data protection regulation gdpr is a europewide law that comes into force on 25 may 2018. The conference of german data protection authorities dsk, the body of the federal and state data protection authorities dpas in germany, recently issued joint recommendations regarding employers processing of employee personal data in the context of the coronavirus covid19 pandemic. How data protection changes will affect your practice.
German parliament passes new federal data protection act. The data protection act 2018 affords further protection by providing that the research condition article 9 2. On 5 july 2017, the new german data protection act bdsgnew was officially published in the federal gazette. The same applies when personal data is processed that is subject to a data protection impact assessment. How are european supervisory authorities exercising. The new bdsg replaces the old bdsg, which has been in force for the last 40 years. A single data protection officer is permitted by a group of undertakings provided that the data protection officer is easily accessible from each establishment and is able to communicate in german language with germanbased employees or competent authorities. It is called the general data protection regulation gdpr and will replace local data protection. It aligns german data protection law with the gdpr, but changes several of the gdprs requirements. Personal data protection act 2010 jabatan perlindungan. We consider why this law is needed and the implications for data protection. Public interest is a difficult concept to define and no attempt is made to do this in the data protection act.
Germany approves new federal data protection act blog. The organisation structure of data protection in germany the federal data protection act covers the data processing of all federal agencies including the federal government as well as the private sector. According to the court, the federal data protection act permits the storage and analysis of historical browsing data of an internet browser for the purpose of monitoring abusive usage. The new bdsg will now form the basis for the adaption of german. The german act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680 english. The act is long and complicated it contains 85 sections, compared to the old bdsg, which contained 48. Act against unfair competition in the version published on 3 march 2010 federal law gazette bgbl. The data protection laws of the german federal states bundeslander will also be adapted. Data protection authorities of many eu member states have published draft lists of data processing activities that would trigger the need for a data protection. There is no specific relief under any corona related legislation or the general german infection protection act.
Digital health 2020 laws and regulations germany iclg. Data protection act, 2012 an act to establish a data protection commission, to protect the privacy of the individual and personal data by regulating the processing of personal information, to provide the process to obtain, hold, use or disclose personal information and for related matters. Insight into the new german federal data protection act. Act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680 dsanpugeu of 30 june 2017 the bundestag has adopted the following act with the approval of the bundesrat. Data protection 2019 laws and regulations germany iclg. Overall, the german legislator appears to have taken the approach of retaining as much as possible of germanys existing federal data protection act.
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