The document discusses web data protection regulations in Germany. It notes that GDPR, UWG, and TTDSG are the main legal regulations companies must consider when collecting and processing user data. GDPR is the overarching EU regulation, while UWG and TTDSG are specific German laws covering unfair competition and telecommunication privacy respectively. The document also mentions that highly data-intensive companies may need to appoint a Data Protection Officer, who is bound by confidentiality requirements.
1. WEB DATA
PROTECTION IN GERMANY
What is WEB DATA COLLECTION?
Any information that is publicly available on
the internet can be collected and utilized to
establish a dataset. It is then used to answer
business questions, power algorithms, and
compete with other businesses.
65% of respondents in the banking sector
reported they utilized data for strategic
Insurance put that figure at 55%
Telecom came in just behind at 54%
Which sectors heavily rely on collecting data?
Source: Statista
Almost every industry but specifically:
decision-making over 2020
GDPR or General Data Protection Regulation
that obliges any data processor based in the
EU to obtain a user's consent before
collecting & processing their data;
UWG (Act Against Unfair Competition), is a
German law that serves the protection of
competitors, consumers and other market
participants against unfair commercial
practices; it requires companies to ask for
consent before forwarding them emails for
marketing purposes;
TTDSG (Act Data Protection and Privacy of
Telecommunication and Telemedia
Services), is a German law that regulates the
protection of confidentiality and privacy
when using services such as websites,
messengers, or smart home devices.
Legal regulations to consider as a marketeer:
In addition, it also regulates the use
of cookies and similar tracking
technologies;
If your core business activities consist of
processing sensitive personal data on a large
scale, consider employing a DPO
or Data Protection Officer.
The DPO is bound by
confidentiality in the
performance of their tasks
and will only report
directly to the highest
level of management
at the organization.
In Germany, GDPR is above national
legislation. Exceptions are covered by the
ePrivacy Directive.
applies to any company providing
electronic communications services in
the EU
mainly deals with contents of calls,
metadata (such as location tracking),
and cookies (online trackers) stored in
users' browsers;
What's in the ePrivacy Directive?
Data gathered by Elena Bubeeva, 2023
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Disclaimer: the author of this document is not a licensed attorney, and the information presented is for informational purposes
only and not to be taken as direct legal advice. Seek legal guidance from a licensed professional for questions or concerns.