Employee data privacy – German government publishes a draft bill regarding employee data protection

After thirty years of discussion about an Federal Employee Privacy Act, the German legislature passed an act amending the German Federal Data Protection Act (Bundesdatenschutzgesetz / BDSG). The new act added a new provision regarding the protection of personal employee data to the BDSG (§ 32 BDSG). The provision summarised the existing German case law in this area. One year after, on 25 August 2010, the German government enact, as mention in its coalition treaty, a draft bill with further amendments to the BDSG. According to the draft, a new chapter regarding employee data privacy will be added to the BDSG. The proposed changes aim at more legal certainty for both, employees and employers, through clear statutory provisions. The draft is currently in discussion, and amendments, especially made by unions, are expected until the bill is finally passed.

The enacted draft contains rules regarding the employer’s right to put questions in the application procedure, the legitimacy of medical checkups and open video control. Generally, the draft bill shall improve legal security and the employees’ level of personal data protection.
The applicable law already obliges parties to data processing agreements to include into their contracts clauses on breach notifications, audit rights, subcontracting and a couple of other aspects. Nonconforming contracts and illegal measures can trigger administrative fines of up to EUR 50.000. Agreements already in place should be reviewed and policies implemented to ensure the compliance of future contracts.

If you have questions according to the German data privacy law or need help on your behalf, please contact

Rolf Halbig
Attorney

Fon +49 (0) 6181 . 2702 . 72
Fax +49 (0) 6181 . 2702 . 73
Mail halbig@nickelonline.de