D: Changes and amendments of the BDSG 2009: Supervisory Authority Measures - order, prohibition

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 7

 

The powers of the supervisory authorities as set forth in Section 38 BDSG remain largely unaffected by the amendments. The amendment in Section 38 (5) BDSG new version slightly increases the supervisory authority's power to order measures to remedy established contraventions of Section 9. The supervisory authority may now also order measures to remedy data protection infringements without these being based on the implementation of rules on the automatic processing of personal data or the processing of personal data contained in or derived from non-automatic files. The restriction to requirements as part of the requirements under Section 9 BDSG thus ceases to apply and has now been generalized to include technical or organizational defects. Since the supervisory authorities belonging to the Duesseldorf ring have announced more frequent checks and penalties, it can be assumed that these measures will be practiced to the full.

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