2 Years dsgvo: between the world’s role model and digital innovation brake

2 years DSGVO: between the world's role model and digital innovation brake

On this Monday, the Data Protection Basic Ordinance (DSGVO) has been effective for two years. The EU Commission actually wanted to present a first comprehensive evaluation of the regulations from this occasion, but the delay until mid-June.

Vera Jourova, as Vice Presentess of Brussel’s government institution for values and transparency stated, and Justizikommissar Didier Reynders stressed: "Within the last two years, these new rules have not only revolutionized the handling of personal data in Europe, but also developed into a worldwide role model in the field of data protection."

Trustworthy innovation

"In a world in which the data processing plays an ever coarse role", If the DSGVO suggests the two commissars, that the burgers have more control over their personal information. "At the same time she creates a framework for trustworthy innovation." The standards work is so "A cornerstone of digital change in Europe". "However, compliance with the regulations is a dynamic process and does not happen overnight", Jourova and Reynders also know.

The national privacy habits to enforce the DSGVO, "are not yet fully operational in many places". The duo therefore appealed to the Member States, their supervisors "equip with appropriate personnel, financial and technical resources so that they can effectively perceive their assertment powers". In Germany, above all, the federal federal federal doctors received significantly more, while there are still a little smiling on Landel level. "Central priority" Have for you in the coming months, "continue to ensure a proper manager and consistent implementation of the Data Protection Basic Regulation in the Member States", insured the commissars. A year ago, this was still a sharp habited, when the executive instance did not want to remain Greece, Portugal and Slovenia for a hurry warned and infringement proceedings.

Lawyers adopted by the Bundestag, with which the deputies sought the national legal system to adapt to the specifications, the Commission repeatedly liked skeptical. The DSGVO requires companies and parts of the public administration, among other things, to protect private data stronger, to yield time-like and to report data spanes.

Report breakdowns

Since May 2018 there was more than 21.000 of this forelament in this country. The dark figure was allowed to be many times high, because probably not everyone complies with the reporting obligations. Organization also have advanced information obligations to create processing directories for personal data as well as to take advantage of Privacy by Design, so privacy can be found in production processes. At least 237 companies have already been so massively violated against the DSGVO that the privacy habits in Europe imposed Bubgelder’s high of more than 467 million euros, shows the "Enforcement Tracker" The law firm CMS. In Germany, in 2019, Bubgelder was held in Germany alone, the penalties amount to more than 25 million euros.

The European Data Protection Committee (EDSA) already stated in February that DSGVO has preserved as effective support for the fundamental right to privacy and privacy within the Community majority. However, the practical feasibility and the means of the Prufer must still be hurted. It applies, "to optimize the cooperative administrative procedure", The Hamburg Data Protection Officer Johannes Caspar called on Friday, especially with a view "often extreme in the long" coarse process against "Global data intensive player" How the case of transfer of user data from WhatsApp to the parent company Facebook, for the Irish privacy worker. The impression: "The little ones are hanging and the gross lets you run" Do not apply thire. CASPAR therefore calls for clear temporal requirements such as a three-month period in which decision drafts are available.


"After the intensive debate two years ago, the implementation is now increasingly being routinized and in the vast majority of cases", was the Rhineland-Palatinate Data Protection Officer Dieter Kugelmann. "Consciousness for data protection penetrates more and more economy, administration and society." The task of the supervisor remains it, "Here is the driving force and at the same time control instance".

Benjamin Bergemann from the board of the association Digital Society, referred to the DSGVO as "The most important law for the protection of fundamental rights in the digital age". This claim KONNE but "Only through a more progressive and bold implementation" Realitate. The burger rights organization has therefore submitted proposals, as supervisors and legislators could use the standards of a targeted manner and improve through accompanying regulations. The recommendations are aimed for, for example, that the EDSA’s artistic risky as well as legitimate applications of automated "algorithmic" Decision systems designates and classified. To do this, the club pays approximately upload filter, online advertising for the goods of the seasons and IT systems for the spam detection or for attack detection in networks.

Crisis gives no discount

Digital companies and technology manufacturers had to "Consistently the obligation of data protection through technology design" be subject. Tracking and creating data profiles should finally be braced with the delayed new e-privacy regulation. Currently, the Corona Pandemic shows the importance of data protection in Europe. Tracing apps for tracking infection traps, for example, can only be used by the Commission "effective and flat" help, "If the burgers trust that their privacy is being protected. Checkers here make the announcement that there is no discount for the right to privacy during the crisis. Straight health information are very sensitive data.

Data protection dominate itself in this difficult situation many more fundamental rights such as the most important integrity, freedom of exchange, business freedom or access to school education, Achim Berg, Prasident of the IT Association Bitkom, against consideration. This has even guided that "The publication of a tracing app from many restrictions to privacy concerns" First failed. Teachers become the use "many well-functioning video platforms with instructions for privacy problems categorically prohibited". For mountain is so tight: "Obviously, the previously well-balanced system is advised against freedom and property rights with the DSGVO from the joints."

Even the legislative procedure to the regulation was one of the most expensive in the history of the EU. The balance trap "At best, modest" the end. The topic of privacy is on everyone’s lips. "From an EU-wide uniform data protection level, we are still far away in practice – for that the interpretation in the member states is too different." Also two years after the start of the DSGVO, many companies have not yet implemented all requirements, the bitkom. Not a few believe that they were not possible. The supervisors saw at the same time "confronted with a flood not to be molded". In the result hours on all sides high personnel and financial fringes.


According to the planned DSGVO evaluation, the EU must according to the association "The basic entitlement" eliminate that each individual data processing process and each survey were recorded. There should be theirs "Type and scope" be crucial for the obligations. Companies that comply with the DSGVO regulations "Not as a pure tick-the-box exercise" Unlike, according to Marc Ahlgrim, the data backup specialist Veritas can "benefit from positive side effects of your data management projects". They are able to better understand the content and thus the value of their data and protect their sensitive intangible good to strong. They recognized unpensimized documents and files as such, they lose them from their store and lowered so cost.

Willms BUHSE, the land of the management consultancy DoubleYuu, asked politics and regulators, "Finally, a user-friendly handling of the DSGVO" to accelerate and "a data – with a real consent saving" connect to. Investigence saries in cookies should be analyzed by the past.

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