Investigation, Detection and Prosecution of Crimes
Against police measures an action for a specific declaratory judgment on whether the
measure was lawful can be brought mutatis mutandis sec. 113 para. 1 s. 4 Administrative Procedure Code (“VwGO”).
The person concerned by a seizure of the computer may at any time apply for a
court decision, sec. 98 para. 2 s. 2 StPO; on orders according to sec. 100j StPO
applies sec. 98 para. 2 s. 2 to stop mutatis mutandis. Against measures due to sec.
100a and 100g StPO an immediate appeal can be lodged mutatis mutandis sec.
101 para. 7 s. 2 StPO.
Security and National Defence Purposes
There are no specific rules concerning legal actions in the specific laws. Thus general
administrative procedure rules apply. In most of the cases a concerned person will
bring an action for a declaratory judgment mutatis mutandis sec. 113 para.
1 s. 4 VwGO.
2.6.2 Maximum Financial Penalty or Sanction
The maximum financial sanction that has been issued on basis of the old BDSG
against individual companies has been less than 2 million Euros.
83 As the GDPR
does only apply from 25 May 2018, there are no financial penalties yet, issued under
the new data protection regime. However, administrative fines are going to increase
tremendously under the GDPR. As to Art. 83 GDPR, administrative fines shall in
each individual case be effective, proportionate and dissuasive. Jan Philipp
Albrecht, the rapporteur of the European Parliament expects administrative fines
running into the billions.
84 It shall be possible to appeal to courts against legal
binding decisions of supervisory authorities, Art. 78 GDPR.
2.7 Private International Law Rules
2.7.1 Territorial Scope of Application of Data Protection Rules
The territorial scope of application of data protection rules, including rules on
electronic data processing, is very broad. It does not only comprise the processing
of personal data in the context of activities of an establishment of a controller or a
83 Faust et al. (2016), p. 120.
84 Albrecht (2015).
206
C. Breunig and M. Schmidt-Kessel
Against police measures an action for a specific declaratory judgment on whether the
measure was lawful can be brought mutatis mutandis sec. 113 para. 1 s. 4 Administrative Procedure Code (“VwGO”).
The person concerned by a seizure of the computer may at any time apply for a
court decision, sec. 98 para. 2 s. 2 StPO; on orders according to sec. 100j StPO
applies sec. 98 para. 2 s. 2 to stop mutatis mutandis. Against measures due to sec.
100a and 100g StPO an immediate appeal can be lodged mutatis mutandis sec.
101 para. 7 s. 2 StPO.
Security and National Defence Purposes
There are no specific rules concerning legal actions in the specific laws. Thus general
administrative procedure rules apply. In most of the cases a concerned person will
bring an action for a declaratory judgment mutatis mutandis sec. 113 para.
1 s. 4 VwGO.
2.6.2 Maximum Financial Penalty or Sanction
The maximum financial sanction that has been issued on basis of the old BDSG
against individual companies has been less than 2 million Euros.
83 As the GDPR
does only apply from 25 May 2018, there are no financial penalties yet, issued under
the new data protection regime. However, administrative fines are going to increase
tremendously under the GDPR. As to Art. 83 GDPR, administrative fines shall in
each individual case be effective, proportionate and dissuasive. Jan Philipp
Albrecht, the rapporteur of the European Parliament expects administrative fines
running into the billions.
84 It shall be possible to appeal to courts against legal
binding decisions of supervisory authorities, Art. 78 GDPR.
2.7 Private International Law Rules
2.7.1 Territorial Scope of Application of Data Protection Rules
The territorial scope of application of data protection rules, including rules on
electronic data processing, is very broad. It does not only comprise the processing
of personal data in the context of activities of an establishment of a controller or a
83 Faust et al. (2016), p. 120.
84 Albrecht (2015).
206
C. Breunig and M. Schmidt-Kessel