Germany Drafts Breach Notification Requirements

By: Absolute Team | 3/4/2011

The German Federal government has this week adopted a draft law revising data protection provisions in the German Telecommunications Act which would implement data breach notification requirements covered by the European e-Privacy Directive.

According to the proposal, telecommunication companies would report data breaches to the Federal Network Agency (the Bundesnetzagentur or “BNetzA”), and the Federal Commissioner for Data Protection and Freedom of Information. Those individuals affected by the breach would need to be notified "without undue delay" as well, unless barriers were in place such as encryption or other enhancements.

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