Challenges in dealing with the corona pandemic
The current developments in connection with the corona pandemic present companies worldwide with new challenges in terms of data protection. Companies must take measures to protect employees from infections and maintain business operations as well as possible to mitigate negative economic consequences. In this context, companies are faced with various challenges as to how to implement the necessary measures without being confronted with the considerable risk of fines under the EU General Data Protection Regulation (GDPR). In this context, various questions arise, such as the requirements in terms of
- enquiries from staff/visitors about their stay in risk areas.
- inquiries to employees/visitors about contacts with persons at risk.
- the keeping of visitor lists.
- taking measures to detect infections, such as taking fever readings or asking about symptoms.
- evaluating mobile phone and/or GPS movement data in order to trace possible infection chains and warn people.
- disclosure of information on infected persons to employees/visitors if contact may have been established.
- the forwarding of information on infected persons and suspected cases to the authorities.
- relocation of workstations to the home office.
- coordination and agreements with works councils in this context.
In these matters data protection law in particular is of great importance and should be observed by companies in any case. For example, a breach of data protection regulations may result in the imposition of fines in accordance with the German Data Protection Act. This especially in the light of the fact, that the processing of personal data relating to confirmed or even suspected Covid-19 diseases regularly constitutes processing of health data. This kind of data is particularly protected by data protection law and the processing is subject to increased legal requirements which companies must observe.
Nevertheless, in the opinion of the supervisory authorities, processing may be permissible in individual cases on the basis of the employer's duty of care, for the purpose of preventive health care or on the basis of a public interest to protect against serious cross-border health risks. Whether and how a processing operation can be legitimized under data protection law depends on its sensitivity and the details, which is why an examination of planned measures must be based on the circumstances of each individual case. In this context, it must be taken into account that consent is not always the means of choice, as it must be freely given and sufficiently informed.
We support our clients in answering emerging questions in a practice-oriented manner and in subjecting planned solutions to a pragmatic assessment. In doing so, it is our goal and claim to achieve results that are as effective as possible and that are legally and economically justifiable. Our clients benefit from our many years of experience as a data protection lawyer or data protection officer for German and international companies and groups.
Data protection and IT legal challenges in times of increasing global mechanization
Increasing technology and internationalisation mean that data protection and IT law are becoming increasingly important. New technologies and trends present new challenges, such as
- Cloud computing
- Big data
- Industry 4.0
In order to avoid liability risks, international companies must meet highly complex national and international data protection and IT compliance requirements and adapt and expand their data protection management systems accordingly. This especially holds true in light of the EU Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG), which comes into effect on 25 May 2018 in Europe and, respectively, in Germany, and which will set greater requirements for data protection management.
This will not only affect DAX and MDAX companies, but also small and medium-sized companies. Complex issues such as
- Privacy by design and privacy by default
- Data portability
- Right to be forgotten
- Data protection impact assessments, and
- International data flows
must be implemented in line with the legal requirements in order to avoid the massive imposition of fines under the GDPR.
At WTS, we help our clients to develop practical and economically viable solutions. Where necessary, we consider not just the legal, but also the technical and organisational aspects, including the underlying business processes. In doing so, we take into account current international standards (e.g. ISO / IEC 27001) and new approaches, such as the standard data protection model of the conference of independent data protection authorities of the federal and state governments in Germany.
Our data protection and IT legal services portfolio includes design consultancy as well as strategic, individual and procedural advice, including representation vis-à-vis the supervisory authorities, affected parties and courts.
Our WTS experts can also provide an external data protection officer as defined in para. 4f BDSG (1990); Art. 37, para. 6 GDPR. By doing so, our clients will profit from our interdisciplinary and international consulting expertise. This allows for a cost-efficient and direct deployment as a data protection officer ("plug & play").
Our consulting services at a glance:
