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Baden-Württemberg: LfDI Baden-Württemberg approves code of conduct for data processors

The Baden-Württemberg data protection authority ('LfDI Baden-Württemberg') announced, on 18 November 2022, its approval of the national code of conduct, titled 'Requirements for processors under Article 28 of the GDPR - Trusted Data Processor', issued by the Association for the Promotion of Codes of Conduct ('VFV'), on 9 June 2022. In particular, the LfDI Baden-Württemberg outlined that the code of conduct provides clarity and legal certainty for companies in the processing of personal data in line with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). 

More in detail, the LfDI Baden-Württemberg noted that the national code of conduct is aimed at processors across all sectors who offer their services on the German market and process personal data in Germany, within the meaning of Section 2 of the European Data Protection Board's ('EDPB') Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679 as adopted on 4 June 2019.

Further to the monitoring functions of the supervising body, the code of conduct covers requirements, among other things, on:

  • contracting sub-processors;
  • data subject rights;
  • the reporting of data breaches; and
  • confidentiality obligations.

More specifically, the LfDI Baden-Württemberg highlighted that, from now on, companies can voluntarily commit to the code of conduct under the supervision of a monitoring body, which oversees their compliance with the code of conduct and serves as the point of contact for complaints. To this end, the LfDI Baden-Württemberg stated that, with the approval of the code of conduct, it has accredited the Accreditation Society Data Protection ('DSZ') as a new monitoring body for processing applications to become Trusted Data Processors and monitor complaints.

You can read the press release here, download the code of conduct here, and access the DSZ portal here, all only available in German.

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