In Germany, many of the data protection regulations already applied before the GDPR. In essence, it is about better protecting consumers in particular.
(Photo: dpa)
Berlin Legal uncertainties are the biggest problem for Germany’s companies when it comes to the increased use of data. This shows a nationwide survey by the German Chamber of Industry and Commerce (DIHK) among 4,300 companies of all sizes, which is available to the Handelsblatt. The survey was conducted from November 1st to December 3rd, 2021.
Accordingly, 57 percent of the companies feel hindered by “data protection barriers” in the use of data. According to DIHK General Manager Martin Wansleben, small and medium-sized companies in particular are disproportionately burdened.
Wansleben told the Handelsblatt that simplified regulations or exceptions are “urgently” required here. “We propose to introduce simplifications if the processing of data is not the focus of entrepreneurial activity,” he said.
The uncertainties in data use are also likely to play a major role when the EU Commission presents a new data law (“Data Act”) this Wednesday. With the legal act, the EU authority wants to give individuals, companies or public bodies access to useful data.
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It is planned to oblige data holders to share data at the request of users. Restrictions should exist for confidential information.
The main aim is to regulate the data usage of networked devices. The aim is to prevent manufacturers of networked products, be they industrial plants, cars, language assistants or smartwatches, from hoarding the data generated by users and not sharing it with other companies.
criticism of the GDPR
The DIHK supports the EU’s plans, but at the same time points out that data is an important competitive advantage for many companies. “The exchange of data should therefore always be based on a voluntary basis,” says the association’s statement on the Data Act, which was published last year. In order for companies to share more data in the future, they also need “legal and technical structures that give them sufficient security”.
The companies are still critical of the requirements of the General Data Protection Regulation (GDPR). Since May 25, 2018, the GDPR has formed the common data protection framework in the European Union. Companies that do not comply with these regulations face high fines.
The GDPR triggered worries and fears, especially among smaller companies. For fear of high fines, these companies prefer to play it safe – and in case of doubt exceed the rules.
The digital association Bitkom also stated in September 2021 that companies are under constant stress when it comes to data protection.
Read here: European Parliament disregards data protection – warning to companies
According to a survey published at the time by the association among companies with 20 or more employees in Germany, two thirds (66 percent) of the companies were of the opinion that strict data protection and the inconsistent interpretation of the rules made digitization more difficult.
Bitkom expert Susanne Dehmel complained at the time that companies wanted to do justice to data protection, but not only had to follow court decisions across Europe and know the different interpretations in the member states, but also had to deal with 18 different readings of data protection supervision in Germany alone. “This is becoming increasingly difficult to manage, especially for smaller companies,” said Dehmel.
More: Data protection becomes a burden: These are the biggest annoyances for companies