Category Archives: Germany

The General Data Protection Regulation ("GDPR") comes into force on 25 May 2018. It is binding for all member states and provides for a harmonisation of the data protection regime throughout the EU. However, various opening clauses provide member states with discretion to introduce additional national provisions to further specify the application of the GDPR. The German legislator has been among the first to draft such provisions supplementing the GDPR. What areas does the General Federal Data Protection Act cover? Recently a draft of the German Federal Ministry of the Interior for a General Federal Data Protection Act (Allgemeines Bundesdatenschutzgesetz, "GFDPA") has been leaked. This is meant to replace the current Federal Data Protection Act (Bundesdatenschutzgesetz, "FDPA"). The draft includes new provisions in areas that are subject to the opening clauses of the GDPR. For example: