08 Dec Infoscore Consumer Data GmbH successfully sued the Baden-Württemberg data protection authority
Infoscore Consumer Data GmbH has successfully sued the Baden-Württemberg data protection authority.
The data protection authority has asked the company to adjust the deletion deadlines for personal data accordingly due to the GDPR coming into force on May 25, 2018. Although Infoscore Consumer Data GmbH has promised to implement the adjustments by the time the ordinance comes into force, the authority issued an administrative order to enforce implementation immediately. The authority argued that this would prevent foreseeable, later violations.
Infoscore Consumer Data GmbH has successfully sued this before the administrative court. The ruling states that the authority may not rely on the regulation before it has taken effect.
The General Data Protection Regulation is intended to standardize the processing of personal data by private companies and public bodies across the EU. The regulation is part of the EU data protection reform, which was presented by the EU Commission on January 25, 2012. However, the regulation has been under strong criticism from the start. On the one hand, it is criticized that the regulation partially weakens national law instead of bringing about improvements. The regulation is also not formulated sharply enough on important points and many important and topical issues are not dealt with at all. In principle, the regulation is too abstract and would also make many exceptions.
Many companies also seem not yet ready for the upcoming changes. Bitkom even issued a warning that these companies would face high fines. Only 13 percent of the companies would take action or have already taken action. So the majority of companies still have some catching up to do. Almost every fifth IT and digital company still states that they have not even dealt with the topic.
If a company misses the deadline and the regulation has not yet been implemented on May 25, 2018, fines of up to 4 percent of global sales are possible.