ARTICLE · 19 JUNE 2014

Passion Is Short, Repentance Long – How To Avoid Legal Pitfalls When Appointing A Data Protection Officer

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Most companies in some way or another process personal data. Companies who reach specific thresholds are obliged to appoint a Data Protection Officer.

GermanyEmployment and HR

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Higher Regional Labor Court of Saxony, February 14, 2014, 3 Sa 485/13

Most companies in some way or another process personal data. Due to the strict regulations of the German Data Protection Act ("Bundesdatenschutzgesetz" – BDSG) companies who reach specific thresholds are obliged to appoint a Data Protection Officer. Most companies are not aware, however, that the Data Protection Officer is protected against dismissal due to statutory law. Therefore, a potential later dismissal of the employee appointed as Data Protection Officer is nearly impossible. Emerging companies are often not aware of these risks and commit costly errors which could have been avoided. A recent court ruling of the Higher Regional Labor Court of Saxony (February 14, 2014, 3 Sa 485/13) clearly shows these potential risks for employers.

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