Published On: Thu, Jun 15th, 2017

Federal Data Protection Act already compliant with the GDPR due to its Datenschutzbeauftragter clause

Germany, an eminent part of Europe is also working on the lines of the General Data Protection Regulation, which will be imposed across the European Union and the member states on May 25, 2018. Serious efforts have been made by the Government of Germany as they have drafted a new Federal Data Protection Act for the organizations of their country. This Act will replace the former Act with the same name ‘Federal Data Protection Act’ and also retains the significant appointment of the Datenschutzbeauftragter that is the Data Protection Officer by the businesses of their country.

Germany’s Data Protection law already has this point in their reform, which will also be implemented by the upcoming GDPR. Therefore, Germany can gladly retain this clause to be followed as a routine of the business operations of the country as they are already self-conscious about the data protection of their citizens. Their Act already reflects high compliance with the GDPR; rest they have drafted a similar but fresh Act to enhance the compliance of the businesses running in their country with GDPR. They are trying their best that the economic position of their country remains as strong as it is and none of the entrepreneurs have to pay heavy penalties.

The German legislator seems to utilize amply from the beginning clauses of the GDPR for their new draft of the Federal Data Protection Act.

Its specific provisions include:

  1. Authority of the employees over their data in most of the cases. Companies will have to take written consent of the employees for sharing their data.
  2. Automated decision making in terms of insurance issues.
  3. Like also in the current law, this new draft also includes obtaining of personal data for the purpose of rating of the companies, which is important for a country’s fertile economy.
  4. GDPR will enable broad rights to the subject over their data, whereas Germany’s new drafted Act applies certain restrictions over these personal data rights.
  5. Every data controlling company must hire an eligible Datenschutzbeauftragter. This is already a clause of the old German Federal Data Act.

However, companies all over Europe are advised to start preparing and training them to attain the compliance level required by the GDPR. Even the German companies must not wait till the new draft of the Federal Data Protection Act comes in action. No one can ignore or challenge the influential game-changing power of this upcoming General Data Protection reform no matter if the Federal Data Protection Act gives some leniency to the German Companies.

About the Author

- A professional writer, blogger and founder of The Daily News Times.