D: Changes and amendments of the BDSG 2009: Personal Data

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 4

 

Personal data may be used for the purposes of mailing list trade or for advertising purposes only if the person concerned has given legal consent.

Passing personal data in the form of a list to other parties is permitted under certain preconditions. These are fulfilled

• if it contains only information on membership of a group of persons, professional, industry or business description, name, title, academic title, address and year of birth, if the use is for own advertising purposes and the data is taken either from publicly available directories (e.g. address and telephone directories) or was collected from the customer in the course of an existing contractual relationship.

• if it is for advertising purposes with respect to its activities and is sent to the business address or

• if it serves the purposes of a fund-raising campaign.

Furthermore, addresses may be traded and used for advertising purposes if the party that originally collected this information is clearly named in the advertising or the party responsible for the use of the data is clearly apparent to the customer. This affords the person concerned greater opportunity to object to the relevant party regarding the further processing and use of his/her personal data.

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