Things are happening in data protection
Data protection law is constantly evolving – and lately this has been at a particularly fast pace.
- ECJ ruling on compensation for damages
In the event of a data protection breach, data subjects may be able to claim damages (in parallel to a possible fine by the supervisory authority). The European Court of Justice has ruled on this: Not every breach of the GDPR immediately triggers a claim for damages. Additionallly, the breach must already have caused damage to the data subject. There is no de minimis limit for this, so even minor damages can be claimed.
- ECJ on the right to a copy
When data subjects assert their legal right to a copy of their personal data, they must be provided with a true and intelligible reproduction of their data (for example, by means of a photocopy). A mere reproduction of the content (e.g., a summary in another form) is not sufficient in this case, the European Court of Justice found.
- ECJ on violations of formal requirements
If formal requirements of the GDPR are violated, this does not in itself lead to the invalidity of the data processing. For example, it is a violation if the record of processing activities is not kept or is incomplete or if no joint controllership agreement is concluded. But the underlying data processing itself remains legally valid, according to the European Court of Justice. Therefore, in these cases, data subjects cannot demand deletion of their data.
- German Whistleblower Protection Act
Last week, the EU requirements for the protection of whistleblowers were finally implemented in Germany and a law was passed to this effect. This law protects people who report irregularities and violations of the law from reprisals.
- German Employee Data Protection Act
A law on employee data protection has been under discussion in Germany for decades. The German government has now announced a project to this end, not least because of the possibilities that will arise from the use of artificial intelligence (AI). However, it will be a long time until it is possibly passed …