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This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2021).
Authors: Hoffmann Liebs Fritsch & Partner—Peter Huppertz
Data protection in Germany is primarily governed by Regulation (EU) 2016/679 (the General Data Protection Regulation) (GDPR) that entered into force on 25 May 2018 as standardised EU law. However, as the GDPR includes specific opening clauses and allows national legislators an individual set of rules for particular areas via these clauses, Germany has its own national data protection law. Such national data protection law, for instance, data protection in the context of employment, is governed by the Federal Data Protection Act (the Act).
Overseeing the principles of data protection law is assigned to the individual federal states in Germany. Thus, every state has its own data protection authority (DPA), which is responsible for data processing in its territory.
The DPA can request any information that is necessary
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