Germany’s Reluctance To Accept European Commission Decisions Concerning The Adequacy Of The Level Of Data Protection In Non-EU/EEA Countries

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It is one of the basic mechanisms of the German Federal Data Protection Act (‘‘FDPA’’) to require a statutory permission or a declaration of consent for the collection, processing (which includes storing and transferring) and use of personal data. No permission is needed, however, for exchanging personal data with a data processor in Germany, the European Union or the European Economic Area (‘‘EU/EEA’’) and for having it carry out processing operations, it being understood that the parent company, a company of the same group of companies or an external service provider can be used as data processors. Should such a data processor be located outside the EU/EEA, the FDPA qualifies the exchange of personal data with the processor as a ‘‘normal’’ data transfer and the aforementioned rule applies again.

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