Consumer protection associations to issue warnings to companies for data protection violations

On 11 February 2014, the Federal Minister of Justice and Consumer Protection, Heiko Maas, announced at the "Saver Internet Day 2014" conference that consumer protection associations are to be enabled to issue warnings against data protection violations by companies.

At present, it is legally disputed whether the regulations from data protection law serve consumer protection and thus whether violations of data protection law in connection with competition law can be warned off. So far, it is only recognised that so-called "cold-calls", i.e. the unsolicited calling of consumers by companies and the unsolicited sending of e-mails (spamming) are prohibited with exceptions and that a corresponding right of action exists in the case of violations.

Now the federal government apparently intends to introduce this right of action in general for all data protection violations.

Since complaints by consumers against behaviour that violates data protection law have been rare up to now, the Federal Minister of Justice and Consumer Protection would like to promote a corresponding right of action for consumers and a systematic sanctioning of violations of data protection law when handling customer data.

The Federal Minister of Justice and Consumer Protection has announced a corresponding bill for April 2014.

Data protection and data protection law are increasingly becoming a relevant legal area for companies. You should therefore already structure and organise your company in such a way that no breaches of data protection law take place in your company. Otherwise, you already face the threat of severe fines.

It can also be assumed that the federal government will introduce a right of action for consumer protection associations. In the future, data protection violations will therefore be subject to considerable fines as well as warnings under competition law, injunctions and lawsuits.

If you have not yet comprehensively dealt with the requirements of data protection in your company, you should put this into practice now. Otherwise, there is already the threat of considerable fines, claims for damages and damage to your reputation. Especially in the case of serious violations, imprisonment and/or fines are already possible under the current legal situation.

In order to avoid these unpleasant legal consequences, we already advise numerous companies and businesses, including as external data protection officers.

We are also available as consultants for your company.

 

Goldberg Attorneys at Law 2014

Attorney at Law Michael Ullrich, LL.M. (Information Law)

Specialist lawyer for information technology law (IT law)

E-mail: info@goldberg.de

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