The Federal Data Protection Act (Bundesdatenschutzgesetz) supplements the GDPR in Germany and makes use of the scope the Regulation leaves to Member States.
Relationship with the GDPR
The GDPR applies directly and takes precedence. The BDSG, in the version in force since 25 May 2018, only governs matters that the GDPR leaves to Member States through opening clauses, and also transposes Directive (EU) 2016/680 for the police and judiciary.
State data protection acts apply to state authorities. For terminal equipment, for example in the case of cookies, the Telecommunications Digital Services Data Protection Act (TDDDG) must also be observed.
Key provisions for companies
- Section 26: data processing in the employment context
- Section 38: obligation to designate a data protection officer
- Section 22: processing of special categories of personal data
- Sections 32 to 37: restrictions of data subject rights
- Section 4: video surveillance of publicly accessible areas
- Sections 41 to 43: provisions on fines and criminal penalties
Legal provisions
- Section 1 BDSG
- Scope and relationship with EU law.
- Section 38 BDSG
- Data protection officers of private bodies.
- Art. 6(2) and Art. 88 GDPR
- Examples of opening clauses on which the BDSG is based.
Related terms.
General Data Protection Regulation (GDPR) The General Data Protection Regulation is the European regulation that governs the processing of personal data uniformly throughout the EU. Art. 2 GDPR 
Employee data protection Employee data protection comprises the rules governing the processing of personal data of job applicants, employees and former employees. Art. 88 GDPR Data protection officer (DPO) The data protection officer monitors compliance with data protection rules within an organisation and is the point of contact for the supervisory authority and data subjects. Art. 37 GDPR
All terms from A to Z Employee data protection Employee data protection comprises the rules governing the processing of personal data of job applicants, employees and former employees. Art. 88 GDPR Data protection officer (DPO) The data protection officer monitors compliance with data protection rules within an organisation and is the point of contact for the supervisory authority and data subjects. Art. 37 GDPR 