Germany Federal Data Protection Act (BDSG)
Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

Germany Federal Data Protection Act (BDSG) s35: s 35 Restrict instead of erasing only in the listed cases, and tell the data subject

Where erasure of non-automated data is impossible or disproportionate because of the storage method and the data subject's interest is minimal, restriction under GDPR Art. 18 replaces erasure (not where the processing was unlawful). The same applies to erasure under Art. 17(1)(a) and (d) where the controller has reason to think erasure would harm the data subject's legitimate interests, in which case the data subject is told of the restriction unless impossible or disproportionate; and to Art. 17(1)(a) where statutory or contractual retention periods stand against erasure.

Maintained by Gerard Blokdyk

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GDPR · 1 control

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Other controls in Part 2: implementing provisions for processing under the GDPR (employment, special categories, rights, private-sector DPOs) – Germany Federal Data Protection Act (BDSG)

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