Data Protection Law

Data protection law has become a real “hot topic”, not least on account of the increasing infringements referred to in the media. New legal provisions are issued on a regular basis at both national (Data Protection Act 2000) and international level (EU Data Protection Directive as well as future Data Protection Regulation). On these grounds, our clients have to undertake corresponding actions.

In particular, corporate groups often have to face the problem that they transfer far more data than permitted within the corporate groups due to economic reasons and on grounds of efficiency. To this end, our help is required: As regards data protection law, we represent clients such as corporate managements and corporate groups of various fields as well as service providers respectively individuals and legal persons, which were violated in their fundamental right to data protection. We support our clients in the drafting of non-disclosure agreements, statements of consent, service provider contracts and standard contractual clauses as well as in complying with their reporting obligations to the Austrian Data Processing Register (DPA) and in cases of data abuse provided that the provision information to the data subject is mandatory (the so‑called “Data Breach Notification Duty”). Another core area of our expertise is the supervision of software implementation in the CRM and HR sector (data processing concerning employees, such as SAP, time recording and access control as well as video surveillance systems). We also assist in the HR data area with the preparation and negotiation of works council agreements. In addition, we also offer representation in proceedings concerning the assertion of claims under civil law as a result of breaches of data protection law and before the Austrian Data Protection Commission (DPC). Our range of services offered concerning data protection law includes data protection trainings of employees, in-house workshops of various principal topics as well as education and training of company data protection officers.