Privacy & Information Security Law Blog

On February 4, 2015, the German government adopted a draft law to improve the enforcement of data protection provisions that are focused on consumer protection. As reported earlier, the new law would bring about a fundamental change in how German data protection law is enforced.

The draft law enables consumer protection organizations, trade associations and certain other associations to enforce cease-and desist letters and file interim injunctions in cases where companies violate the newly defined protective data protection provisions for consumers. The draft law targets data processing practices for the following purposes: 1) advertising, marketing and opinion research; 2) operating credit agencies; 3) creating personality and usage profiles; 4) selling addresses; 5) other data trading activities; and 6) other similar commercial purposes.

Coordination with Data Protection Authorities

The draft law also will introduce a requirement that courts must grant the data protection authorities an opportunity to comment before issuing decisions.

The draft law must be approved by the Federal Parliament before taking effect.