Datenschutzregelung

Datenschutzregelung refers to the set of laws and rules governing the processing of personal data to protect privacy and fundamental rights. At the European level the General Data Protection Regulation (GDPR) provides a harmonized framework for processing personal data within the EU and for data transfers to non-EU countries that offer an adequate level of protection.

Core principles of Datenschutzregelung include a lawful basis for processing, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability of the data controller and processor. Data subjects have rights such as access to their data, rectification, deletion (the right to be forgotten), restriction of processing, data portability, objection to processing, and protections regarding automated decision-making and profiling.

The regime distinguishes between data controllers (which determine the purposes and means of processing) and data processors (which process data on behalf of controllers). It emphasizes data protection by design and by default, requiring risk assessments for high-risk processing and, in many cases, the completion of data protection impact assessments (DPIAs). Breach notification to authorities and, in many cases, to affected individuals is required within defined timeframes.

Cross-border data transfers face restrictions unless there is an adequacy decision or appropriate safeguards, such as standard contractual clauses, with mechanisms to enforce compliance. Supervisory authorities across member states monitor adherence, enforce compliance, and may impose penalties for violations, including substantial fines.

National implementations, such as in Germany, supplement GDPR with country-specific rules, for example through the Federal Data Protection Act (BDSG) and related regulations. Organizations subject to Datenschutzregelung must document processing activities, appoint a data protection officer in appropriate cases, and implement technical and organizational measures to protect personal data.