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A recent survey of regional data protection authorities in Germany has revealed 75 cases of reported personal data breaches since the GDPR came into effect on 25 May 2018. As a result, German authorities have imposed punitive fines totalling €449,000.

Germany differs from Ireland as the responsibility for monitoring and ensuring compliance with the GDPR and national data protection laws is delegated to each of the 16 German states, with each state possessing its own authority. A committee consisting of representatives from each regional authority (the ‘Data Protection Conference’) has also been appointed to ensure that a consistent approach is taken throughout the states.

So far, fines have been imposed in six of the sixteen federal states. The highest fines have been reported in the Baden-Wurttemberg region (€203, 000 across seven cases), Rhineland-Palatinate region (€124,000 across nine cases) and Berlin (€105,600 across eighteen cases). Examples of commonly reported GDPR violations include inadequate technical or organisational security measures (e.g. storing user password in non-encrypted form), non-compliance with information duties (e.g. lack of transparency around processing activities) and unauthorized marketing e-mails.


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The General Data Protection Regulation (GDPR) will automatically come into force across the EU on 25 May 2018. As the deadline fast approaches, Member States are busy progressing their draft implementing legislation. Article 23 of the GDPR provides Member States with discretion over how certain provisions will apply. These proposed derogations to the GDPR have been a focus point for many commentators on the draft national legislation.

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January 28th was European Data Protection Day and we marked the event by attending the 9th Annual Data Protection Conference which was held in the Aviva Conference Centre.

The two-day conference featured interactive workshops on the first day on ‘Privacy by Design’ and ‘Conducting a Data Protection Audit’. The second day included a line-up of notable speakers who spoke on topics related to the theme of the conference; “GDPR – It’s here, what’s next”. Dara Murphy, Minister of State for European Affairs, EU Digital Single Market and Data Protection spoke about his department’s work in preparing for GDPR and the importance of having a strong, well-resourced Office of the Data Protection Commissioner (ODPC). The Minister also announced plans for a data summit in June this year.

A&L Goodbody’s Claire Morrissey presented on “Legal Aspects of the GDPR” and took part in a lively Q&A session. Claire highlighted some of the key changes that the GDPR will bring including the need to demonstrate compliance, the new right of data portability, the new security reporting obligations and the ability for individuals to recover financial and non-financial loss (such as damages for distress or embarrassment in the event of inadvertent disclosure of personal data). She also offered some practical tips for ways in which businesses can prepare for the GDPR (some of which are available here).


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