Data Protection: Data protection and the requirements for appointing an internal or external data protection officer. - Rechtsanwalt Helmer Tieben
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Data Protection: A Growing Public Awareness

In recent years, data protection has gained increasing importance. This trend is closely linked to the growing use of electronic devices and communication tools in businesses. With ongoing digitalization, the amount of processed and exchanged data continues to rise. As a result, the demands for protecting this data, as well as securing the systems that handle it, are also increasing. Today, data protection is perceived not only as a technical issue but also as a societal and legal matter.

At its core, data protection means safeguarding the fundamental rights of individuals. It is about preserving each citizen’s right to privacy when dealing with their personal data. Especially in a time when data is considered “the new gold,” protecting this sensitive information is of paramount importance. This applies not only to private companies but also to governmental institutions and society as a whole.

Legal Foundations for Data Protection

To ensure that data protection is not an empty promise, there are clear legal regulations in place. The key legal frameworks for data protection in Germany are the Federal Data Protection Act (BDSG), the State Data Protection Acts (LDSG), and the Telemedia Act (TMG). These laws define how personal data may be collected, stored, processed, and shared. They create a legal framework to ensure that data protection is always aligned with individuals’ fundamental rights.

One of the central provisions is the obligation for companies to appoint a data protection officer under certain circumstances. This person is responsible for ensuring compliance with data protection regulations within the company. It does not matter whether the data protection officer is appointed internally or externally. What matters is that this person possesses the necessary knowledge and expertise to monitor and implement the company’s data protection obligations.

Role of the Data Protection Officer

The tasks of a data protection officer are clearly defined in Section 4g of the BDSG. According to this, the data protection officer is responsible for monitoring the company’s compliance with all relevant data protection regulations. This includes regularly training employees, checking the technical and organizational measures for protecting data, and cooperating with the relevant supervisory authorities.

It is important to note that the responsibility for the actual implementation of data protection measures remains with the company’s management. The data protection officer primarily takes on an advisory and supervisory role. They ensure that the company is aware of and complies with legal requirements, but the final decision on specific measures lies with the company’s leadership.

Certification of Data Protection Officers

To ensure that data protection officers can perform their duties at a high professional level, various organizations offer certification programs. One such program is provided by DEKRA Certification GmbH. Individuals who successfully complete this certification have demonstrated that they possess the necessary knowledge, skills, and competencies in the field of data protection.

The certification covers several areas that are of great importance for data protection officers in practice. These include the legal foundations of data protection, the practical role of data protection officers in companies, IT security, dealing with supervisory authorities, and obligations related to data secrecy. Particular emphasis is placed on documentation, especially the procedure directory and the public procedure directory.

Additionally, data protection officers are trained to work with company management and specialist departments. They learn how to function as a liaison between various stakeholders within the company. This is particularly important for ensuring the effective implementation of data protection policies. External data protection officers have the advantage of working independently of the company’s internal structures, which allows them to provide an objective assessment of data protection practices.

Conclusion

Data protection is more central than ever today, presenting significant challenges for businesses and organizations. The increasing processing and sharing of personal data require clear legal regulations and well-trained data protection officers. Through certification programs such as those offered by DEKRA, companies can ensure that their data protection officers have the necessary skills to meet these demands. Ultimately, however, data protection remains a collective responsibility, where every employee in a company plays an important role.

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