Germany extends territorial scope of its new federal data. Jul 21, 2017 on 27 april 2017, the german federal parliament adopted the new federal data protection act bundesdatenschutzgesetz, hereinafter new bdsg. New german federal data protection act officially published. Prior to this, the german state hesse had implemented the worldwide first data protection legislation in 1970. The english translation includes the amendments to the act by article 12 of the act of 20 november 2019 federal law gazette i, p.
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. It was published in the german federal law gazette on 5 july 2017. The new bdsg adapts german law in line with the eus new general data protection regulation the gdpr. Network enforcement act netzdurchsetzunggesetz, netzdg federal data protection act bundesdatenschutzgesetz, bdsg bverfge 142, 123 omtprogramme of the ecb ezb. Germany approves new federal data protection act june, 2017 regulations germanys federal assembly has approved the new federal data protection act with amendments in german only. Federal data protection act bundesdatenschutzgesetz, bdsg. It provides a comprehensive and wellfounded overview of the it. End of october 2019 the federal office for information security bsi presented its annual report on the state of it security in germany. However, following a preliminary court decision that raised doubts about the compatibility of the german act with eu law, the german federal network agency decided to suspend the obligation for all providers until a final decision. Article 1 federal data protection act bdsg table of contents part 1 common provisions chapter 1 scope and definitions. Germany passed its new federal data protection act. On 27 april 2017 the german parliament passed an entirely new federal data protection act bundesdatenschutzgesetz bdsg. On 5 july 2017, almost a year before the general data protection regulation eu2016679, the gdpr will be applied, the new german federal data protection act bundesdatenschutzgesetz passed the final stage of the legislative process, the socalled german data protection amendment act the gdpaa. The new federal data protection act, implementation of the gdpr.
Data protection 2019 laws and regulations germany iclg. It provides a comprehensive and wellfounded overview of the it threats that german government, industry and society are facing. The new bdsg marks the first step toward adapting german law into the provisions of the eu general data protection regulation. Like the united states, germanys federal government is comprised of three branches. Both bdsgnew and the gdpr will become effective 25 may 2018. The new legislation means that germany is the first regulator in europe to adopt a data protection law that is in line with. The new bdsg replaces the old bdsg, which has been in force for the last 40 years.
Aug 08, 2017 the german federal labor court held in a recent decision bundesarbeitsgericht, 27 july 2017 case no. The german federal data protection act of 1977 bdsg represents an attempt by the legislature of west germany to deal with that danger. Act to adapt data protection law to regulation eu 2016679 and to implement directive eu 2016680. In addition, sectorspecific data protection regulations in many. 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. Germany is the first eu member state to implement the general data protection regulation gdpr into national law. The new bdsg will now form the basis for the adaption of german acts to the gdpr. The entry into force throughout the european union of the eu general data protection regulation as of may 25 2018 will. Due to the gdpr that leads to major changes in european privacy law see. Download 14 july 2017act to adapt data protection law. Insight into the new german federal data protection act. 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. Germany prepares for gdpr by passing new data protection.
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. In addition to the gdpr, germany has enacted the federal data protection act of 30 june 2017 bundesdatenschutzgesetz bdsg, which specifies the principles and provisions of the gdpr for. This comment discusses the provisions of the act, and. The new bundesdatenschutzgesetz bdsg, federal data protection act was officially published in july 2017 and. The bdsg was officially published on july 5, 2017 and came into force together with the gdpr on may 25, 2018. Germany is the first eu member state to enact new data. German law research german law research research guides. Germany publishes english translation of the federal data.
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. On 27 april 2017 the german parliament passed an entirely new federal data protection act. Germany publishes english translation of the federal data protection act. Prior to this, the german state hesse had implemented the worldwide first data. The german federal labor court held in a recent decision bundesarbeitsgericht, 27 july 2017 case no. Germany has adjusted the german legal framework to the gdpr by passing the new german federal data protection act bundesdatenschutzgesetz bdsg. Telemedia act tma telemedia act of 26 february 2007 federal gazette i, p. 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. Germany was the first eu member state to pass its new national data protection law in order to align existing legislation with the general data protection regulation gdpr. The new german federal data protection act fdpa was only recently enacted, after a long discussion.
Adaptation of the german federal data protection act to the. 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. The new german federal data protection act taylor wessings. To what extent have lawmakers aligned this legislation with the core components of the european general data protection regulation gdpr. The act implements the european general data protection regulation. The data protection adaptation and imple mentation act eu was adopted by the bundestag on april 27, 2017 and by the federal. These amendments also passed the federal council on july 10, 2009, and the revised law will enter into force on september 1, 2009. Introduction germany is the first eu member state to implement the general data protection regulation gdpr into national law.
Germany has adjusted the german legal framework to the gdpr by passing the new german federal data protection. The gdpr has direct effect in eu members states, but it allows member states. 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. The act implements the european general data protection regulation gdpr and will enter into force on 25 may 2018. Federal data protection act englishgerman dictionary. Overall, the german legislator appears to have taken the approach of retaining as much as possible of germanys existing federal data protection act such as the requirement to appoint a dpo. The new bdsg shall adapt the german law to the provisions of the eu general data protection regulation. 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. 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. Federal data protection act of december 20, 1990 bgbl. It will replace the former german data protection act. The german federal parliament has passed a new federal data protection act. German parliament passes new federal data protection act in preparation for gdpr may 9, 2017 regulations 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. Starting on may 25, 2018, the european union general data protection regulation will apply directly in germany.
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. The entry into force throughout the european union of the eu general data protection regulation as of may 25 2018 will not. The new federal data protection act applies simultaneously with the gdpr from may 25, 2018 and governs data protection just like the current. German parliament passes new federal data protection act in preparation for gdpr may 9, 2017 regulations the german parliament has passed a new federal data protection act fdpa intended to. Overall, the german legislator appears to have taken the approach of retaining as. Germany is preparing for the new european union general data protection regulations by passing an entirely new bundesdatenschutzgesetz bdsg federal data protection act.
Part i common provisions chapter 1 scope and definitions section 1 scope of the act. Calls for amendments to the act rose almost immediately after its implementation but did not gain foothold. These amendments also passed the federal council on july 10. Germanys federal government is headed by the federal. Law in germany dla piper global data protection laws of the. Germany approves new federal data protection act blog. 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. New german federal data protection act paul hastings. 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. The new federal data protection act, implementation of the gdpr in.
The german privacy act bundesdatenschutzgesetz bdsg provides for general. On 5 july 2017 the new german federal data protection act. On 5 july 2017, almost a year before the general data protection regulation eu2016679, the gdpr will be applied, the new german federal data protection act bundesdatenschutzgesetz. In addition to the gdpr, germany has enacted the federal data protection act of 30 june 2017 bundesdatenschutzgesetz bdsg, which specifies the. Federal data protection act bdsg gesetze im internet. 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. However, following a preliminary court decision that raised doubts about the compatibility of the german act with eu law, the german federal network agency decided to suspend the obligation for all. On july 3, 2009, the german federal parliament passed comprehensive amendments to the federal data protection act the federal act. Germany publishes english version of its national gdpr.
Pdf, 671kb, file does not meet accessibility standards. The new federal data protection act bdsg, pdf in german will enter into force on 25 may 2018. The new act bundesdatenschutzgesetz bdsg will replace the one that has been in force for the last 40 years. 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. On 27 april 2017, the german federal parliament adopted the new federal data protection act bundesdatenschutzgesetz, hereinafter new bdsg. Bdsgnew will fully replace the current german federal data protection act bdsg and is. Njw 2017, 611 npd prohibition npdparteiverbotsverfahren residence act aufenthaltsgesetz, aufenthg road traffic regulations stra. The new german federal data protection act to adapt the law. 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.
The new law is intended to replace the existing federal data protection act with an identically named new act. The new german federal data protection act squire patton boggs. Translations may not be updated at the same time as the german legal provisions displayed on this website. The new german federal data protection act skw schwarz.
Data matters privacy blog new german federal data protection. Federal data protection act bdsg federal data protection act of 30 june 2017 federal law gazette i p. German parliament passes new federal data protection act. The bdsg was officially published on july 5, 2017 and came into force together. The german federal data protection act the act dates back to its first enactment in february 1977. 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. German federal data protection act archives data protection. For general questions to the federal ministry of the interior, building and community, please. Germany approves new federal data protection act june, 2017 regulations 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. Anyone just starting out may only start work once they have registered. Jan 26, 2017 draft bill to adapt the german federal data protection act published.
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. 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. The new bdsg shall adapt the german law to the provisions of the eu general. On 5 july 2017, the new german data protection act bdsgnew was officially published in the federal gazette. 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, which are manually processed or stored in it systems. German parliament passes new federal data protection act in. New german federal data protection act officially published on 5 july 2017, the new german data protection act bdsgnew was officially published in the federal gazette. German parliament passes new federal data protection act hl. Network enforcement act netzdurchsetzunggesetz, netzdg federal data protection act bundesdatenschutzgesetz.
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