German Parliament Passes New Data Protection Act

    May 08, 2017

    On April 27, the German Federal Parliament adopted the German Federal Data Protection Act  (“new BDSG”) to replace the Federal Data Protection Act of 2003. The new BDSG sets out to adapt the current German data protection law to the EU General Data Protection Regulation (GDPR), which is effective on May 25, 2018.

    The new BDSG deviates from the GDPR with respect to the appointment of a data protection officer and the processing of employee personal data. It also imposes specific data processing requirements for video surveillance and for consumer credit scoring. In addition to the high fines imposed by the GDPR, the new BDSG imposes fines of up to EUR 50,000 for violations of German law exclusively.

    The German Federal Council is expected to approve the new BDSG this month. Once adopted, the new BDSG will become effective concurrent with the GDPR.

    Text of the new German Federal Data Protection Act is available in German.

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