In this context, the BDSG applicable to Germany was also reformed to a considerable extent. For labor law data protection, this means a few innovations. We will show you selected examples of where new data protection regulations come to fruition and where the previous legal position on employee data protection continues to apply.
The aim of the introduction of the GDPR was the harmonization of data protection within the European Union. However, this objective was only partially achieved in the field of employment law, since the GDPR contains numerous opening clauses in this area, according to which the individual member states can make their own regulations for employee data protection. This circumstance made the comprehensive reform of the BDSG necessary for Germany. The BDSG thus continues to play a decisive role in the area of employee data protection. For labor law advice, this means that in the future, both the provisions of the GDPR and those of the BDSG, which are linked by numerous cross-references, must be observed for employee data protection.