Frank Spaeing

BDSG n.F. / DSAnpUG-EU published in the Federal Law Gazette

The Federal Law Gazette no. 44, dated 05.07.2017 today published the Law on the adaptation of data protection legislation to (EU) 2016/679 and on the implementation of Directive (EU) 2016/680 Data Protection Amendment and Implementation Act EU / DSAnpUG-EU) .

Article 1 of this Act contains the Federal Data Protection Act (BDSG), scheduled to enter into force on 25.05.2018. The notation BDSG n.F. [BDSG as amended] appears to have been accepted thus far.

As already shown in the last published versions (Cabinet resolutions, then also amendments by the Federal Council etc.) the BDSG n.F. contains provisions for video surveillance, nomination duty of private bodies and concrete implementations of sanctions as per GDPR.

Article 7 changes the existing Federal Data Protection Act. The Federal Commissioner for Data Protection and Freedom of Information will now have the power to refer back to Federal authorities for purposes of personnel administration and management (§ 22 Para. 5 BDSG). The new § 42b BDSG will also now grant data protection supervisory authorities the right to refer assumed unlawful decisions by the European Commission to the courts. This is a consequence of the October 2015 Schrems judgement.

The other EU Data Protection Amendment and Implementation Act articles amend, among other, Federal Intelligence Service legislation, Article 10 and other laws.

Enjoy reading the new BDSG!

Frank Spaeing