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Interesting interpretation of the GDPR: Right of co-determination of the works council when reporting data breaches?



Today the topic is: GDPR co-determination right of the works council in the event of data breaches

A wise sentence at the very beginning:

“Even though the Data Protection Conference provides a variety of interpretative aids, the courts ultimately ensure the binding interpretation of the provisions of the GDPR. Currently, the labour courts in particular are standing out in this regard.” Source

In the Newsletter Update Data Protection No. 70 of 03.12.2019, the lawyers of Heuking Kühn Lüer Wojtek, Dr. Philip Kempermann, LL.M., Astrid Luedtke and Bernd Weller point out an interesting interpretation of the GDPR by the LAG Schleswig-Holstein (TaBV 9/19).

What about the GDPR’s right of co-determination of the works council in the event of data breaches?

“According to this decision, the works council has a say in determining how and to whom and in what form employees have to report a data breach within the meaning of the GDPR within the meaning of the GDPR. The local works council is originally responsible for exercising this right of co-determination.”

Heuking Kühn Lüer Wojtek’s statement:

“It remains to be seen whether the BAG will have the opportunity to straighten out the decision of the LAG Schleswig-Holstein. If this is not the case, the effects could be far-reaching. Otherwise, the employer’s compliance with data protection law would depend on the findings of the receiving point and the protection of the data subjects intended by the GDPR may be severely restricted.”

Read the full article here  

Further information from the law firm Heuking Kühn Lüer Wojtek on the subject of data protection can be found under this link.

Image: pixabay



Also interesting: GDPR: Marriott hotel chain threatens high fine


Note: This is a machine translation. It is neither 100% complete nor 100% correct. We can therefore not guarantee the result.


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