• Who may provide legal advice

    The Legal Services Act (RDG) and its significance for data protection officers

    The Legal Services Act (RDG) regulates the provision of out-of-court legal services in Germany and is intended to ensure the protection of legal transactions. It defines who may provide legal advice and sets clear limits to prevent unqualified legal advice.

    The RDG is particularly relevant for data protection officers. While they support companies and authorities in complying with the General Data Protection Regulation (GDPR) and national data protection laws, they are not permitted to provide comprehensive legal advice if they are not licensed as lawyers. Their activities are limited to providing technical support and assessing data protection issues without offering individual legal advice or representation in disputes.

    Companies must therefore carefully examine the extent to which their data protection officer is permitted to provide legal advice. A clear distinction between permissible advice and unauthorized legal services is essential in order to avoid legal risks.

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