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General Data Protection Regulation

In this section, the BIM presents legal remarks by well-known data protection experts on important questions of the new Basic Data Protection Act and its effects on the Austrian legal situation for discussion and comment. The publications will be from July 2016 onwards on a monthly basis.

This form of publication was chosen in order to initiate the debate on the "correct" understanding of the GMO regulations as promptly as possible to announce the Basic Regulation. For this reason reactions to the comments are also very welcome. The authors will gladly accept your suggestions and if you wish to include your comments in the published texts please contact you. An address for the receipt of comments can be found in the respective published contribution.

We hope for a lively and fruitful discussion, which will ultimately lead to well-founded and balanced legal opinions, which also take into account the specific features of the Austrian data protection law and deal with the further relevance of these peculiarities.

All publications are available in german only.

BIM presents on its website legal opinions of eminent data protection experts concerning important topics of the new General Data Protection Regulation and its effects on the Austrian legal situation, for discussion and comments. These opinions will be published from July 2016 onwards in more or less monthly intervals.

The method of publication on the BIM website was chosen in order to bring about, as timely as possible after the official publication of the GDPR, intensive discussion on the “correct” understanding of important topics of the GDPR. This is also why reactions to the published opinions are most welcome. The authors of the texts will be happy to take up your comments and will contact you for possible additions or revisions of the published texts. An address for sending comments will be available with each of the published texts.

We hope for a lively and fruitful discussion, leading finally to well founded and balanced legal opinions, having in mind also the specificities of Austrian data protection law and their further relevance under the new legal framework.

Waltraut Kotschy: “Purpose limitation and lawful further processing", June 2016 (only German version available)

Sonja Dürager / Waltraut Kotschy: "Modifications concerning declarations of consent", December 2016 (only German version available)

Sonja Dürager / Waltraut Kotschy: "Modifications concerning declarations of consent II", January 2017 (only German version available)

The authors of the text will be happy to receive your comments:

28 January - Data Protection Day

Protecting privacy and personal data

The European Data Protection Day is intended as a reminder that our personal data is part of our privacy and therefore enjoys particularly high protection.

In the EU, strict provisions apply to data protection, resulting from the definitions of privacy in the Universal Declaration of Human Rights (Article 12), the European Convention on Human Rights (Article 8) and the European Charter of Fundamental Rights (Article 7). The protection of personal data is explicitly highlighted in Article 8 of the Charter.