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Data Protection Leader
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Volume: 14 Issue: 9
(September 2017)

Keywords:
eu data reform gdpr harmonisation derogations employment

Authors:
michael schmidl florian tannen olga bauer

Organisations:
baker mckenzie llp

Jurisdictions:
germany

Germany: The implementation of the GDPR: harmonisation found wanting

The coming into effect of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) on 25 May 2018 throughout the EU represents the most significant legal transformation of European data privacy law of the last 20 years. Although the purpose of the GDPR is legal harmonisation, national legislators have to adopt national laws in order to implement the GDPR and can make use of more than 50 opening clauses, which permit Member States to alter specific rules and conditions at a national level. Germany was the first to adopt such a law - the Act to Adapt Data Protection Law to Regulation (EU) 2016/679 and to Implement Directive (EU) 2016/680 (‘the Act’). In this article, Michael Schmidl, Florian Tannen and Olga Bauer, Partner, Associate and Professional Support Lawyer respectively at Baker & McKenzie, summarise and explain the most important changes for companies provided by the Act.

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