D: Changes and amendments of the BDSG 2009: Contractual and equivalent cases of mutual trust

Category: Nachrichten, Gesetz
By: M. Belke - 2B Advice GmbH - the privacy benchmark

Amendments to the Federal Data Protection Act and the effect thereof on companies - Part 3

 

To date, consent to the use of personal data could be based on the fact that this data served the purpose of a contractual or equivalent situation of mutual trust.

Pursuant to Section 28 (1) sentence 1 No. 1 BDSG new version, the collection, processing or use of personal data must be necessary for the establishment, implementation or termination of a legal transaction or equivalent obligation. "Excess data", which is merely useful but not absolutely necessary in order to fulfill the contractual purpose, is no longer covered by the approval reservation set forth in Section 28 BDSG and may not be collected, processed or used.

Once this clarification enters into force, companies ought to examine whether this provision affects their data inventory and, when introducing new procedures, should use the necessity of the data collection as a guideline.

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