IT Law in Germany
IT Law in GermanyUpdated on Tuesday 17th May 2016
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Persons who are interested in protecting their rights in the online environment or investors who want to open a website in Germany should know that the local legislation provides legal acts, under which online activities are regulated, up to a certain degree. Our team of German lawyers can offer legal advice on the main provisions regulating the online environment.
Data protection law in Germany
The main rules of law in this sense refer to the protection of online data, available for both natural persons and legal entities. The legislation is enforced by the Federal Data Protection Commissioner.
However, it is important to know that the main rule of law regarding data protection, the German Federal Data Protection Act, prescribes different provisions applicable to the public and private entities.
As a general rule, the German data protection law provides that the gathering of personal data is restricted; the rule is no longer applicable if the recipient expressed his or her consent in this matter.
The entities collecting data on the internet are not allowed to disclose the information gathered to third parties in terms of localization and security information.
The rules imposed by Germany were decided at the Federal Constitutional Court, which ruled out that the protection of digital information is a constitutional right. As such, any IT systems should be built in accordance with this stipulation; our team of German attorneys can provide more details on this matter.
Copyright protection in Germany
The copyright protection in the online environment is stipulated by the law, which provides specific regulations related to this issue. In the situation in which a person or a legal entity providing copyright materials (and who is also the owner of that particular material) discovers that his or her material was downloaded in an illegal manner, the holder is allowed to request the personal information on the person who downloaded the material.
The personal information – such as name and the place of residence – are disclosed in order to make the person legally liable for the illegal act.
Persons who need further information on the IT law in Germany can contact our German law firm for assistance.