Data protection in companies: Non-compliance does not protect against punishment!

Privacy is not exclusively a matter for the boss, but everyone is responsible and liable for compliance. This applies to small, medium or large companies as well as to the self-employed.

Ignorance does not protect you from punishment

Ignorance or non-observance does not protect against punishment when it comes to data protection - and in an emergency, the existence of a Company endanger. Secure data protection is elementary for companies, because every company maintains data that is subject to certain regulations and requirements.

But often little or no attention is paid to data protection. "We don't have any relevant data that needs to be protected..." is the argument of many entrepreneurs and Executives.

One reason is the increasing digital networking in all areas. So many think People in their privacy data protection as no longer so important, correspondingly becomes in social networks posted almost everything.

What is privacy?

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An Definition of the term data protection helps to implement it adequately in the company. A look at the relevant legal texts of the German Federal Data Protection Act (BDSG) and the European Data Protection Directive clarifies what is at stake:
“The purpose […] is to protect individuals from the fact that their personal rights are affected by the handling of their personal data” (Section 1 Paragraph 1 BDSG)
“Member States ensure […] the protection of fundamental rights and freedoms and in particular the protection of the privacy of natural persons when processing personal data.” (Art 1, Directive 95/46 EC)

What is it about?

So it's not about "protecting data", as the obvious and widespread interpretation of the term derived from the word "protect data" suggests. It is not the data per se that should be protected. Rather, privacy about the person behind the records keeps its Hand.

Data protection is thus based on the general right to personality and the self-determination of information, which are invariably anchored in the articles 1 and 2 of the Basic Law.

In its judgment on the census of December 1983, the Federal Constitutional Court upheld the right of self-determination as the core of data protection. The protection of personal data therefore goes to each individual, both in the role of the protector as well as the protector.

What are personal data?

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Personal data within the meaning of the Federal Data Protection Act (BDSG) are all those individual details concerning personal or factual circumstances of a particular or determinable natural person. So all data that describe or identify a person: first and last names, gender, date of birth, color of hair and eyes, as well as vocational training, religious affiliation, family status and number of children, and much more.

The BDSG also includes the so-called sensitive data of a natural person Information about race or ethnicity, political Opinions, religious or ideological beliefs, trade union membership and information on Health and sex life.

Why is privacy necessary?

Data from customers, clients, patients, business partners, suppliers, service providers or employees, even simple ones eMailAddresses are found eating for criminals and data thieves. Company records, such as bank details or personal information, are also suitable for identity theft and related fraud. Whether these are in written or electronic form is minor matter.

Especially against the backdrop of steadily increasing cybercriminality and growing digital networking, the anti-virus program and firewall on the business computer have long been no longer sufficient.

Attention, warning!

Among competitors, warnings are particularly popular: Eg due to imprint errors or links to homepages. Specialized law firms are working here for a whole wave of warnings.

The least knowledge and respect the guidelines relevant to data protection. However, every entrepreneur and self-employed person who processes personal data (note: this concerns EVERYONE!) Is committed to data protection. This need arises from the legal requirements at state and federal level. In addition to the BDSG, the Telemedia and Telecommunications Act, the Tax Code, the Income Tax Act, etc. also include legal requirements.

If the specific details are not complied with, certain penalties are sometimes threatened. A breach of the provisions of the BDSG can be punished with a fine of up to 300.000 Euro or a liberty penalty of up to 2 years.

In which form is data protection possible?

Even companies with more than nine employees who work with computer-assisted personal data require an internal or external data protection officer in accordance with § 4 BDSG. Will despite the existing mandatory If a data protection officer is not appointed or if the appointment is not made in good time, fines of up to 50.000 euros may be imposed.

Due to the complexity of the topic, it is advisable to commission an external service provider for data protection. With professional expertise, he treads the legally ramified terrain and supports the management in the Implementation of operational data protection. It also protects against omissions due to everyday operational blindness, which is partly unavoidable internally.

In this way, the company protects itself from sanctions by the supervisory authority and from data protection scandals with a frequently associated negative press. This is not only of great relevance for companies that supply private end users. The “construction site” data protection concerns everyone ...

Data protection “QuickScan”

Regardless of the size of the company, the provisions of the BDSG must be implemented by all companies. To do this, imagine the following Ask:

• Document your procedures for data processing?
• Observe the principles of data avoidance and data parshness when collecting data
• Do you use external service providers that process personnel data?
• Are your employees and employees familiar with the special requirements of data protection?
• Do you retain the rights of persons concerned when storing personal data, as required by law?
• Do you have a procedure directory?
• Are your employees regularly trained in data protection?

Do you have one or more questions with “No” answered, there is an immediate need for action.

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