German Government Adopts Security Breach Notification Requirement in Telecommunications Act

On March 2, 2011, the German Federal government adopted a draft law revising certain sector-specific data protection provisions in the German Telecommunications Act.  The draft law addresses the implementation of data breach notification requirements in the European e-Privacy Directive by introducing a breach notification obligation for telecommunications companies.

According to the proposal, telecommunications companies must report data breaches to the Federal Network Agency (the Bundesnetzagentur or “BNetzA”), and the Federal Commissioner for Data Protection and Freedom of Information.  In the event the rights or protected interests of subscribers or other persons are affected by the data breach, such individuals also must be notified without undue delay.

Read more on Hunton & Williams Privacy and Information Security Law Blog.

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