§ 64 Requirements for the security of data processing

  1. The controller and the processor, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the legally protected interests of natural persons, shall implement the necessary technical and organizational measures to ensure a level of security appropriate to the risk when processing personal data, in particular as regards the processing of special categories of personal data. In doing so, the controller shall take into account the relevant Technical Guidelines and recommendations from the Federal Office for Information Security.
  2. The measures referred to in subsection 1 may include pseudonymization and encryption of personal data, if such means are possible in view of the purposes of processing. The measures pursuant to subsection 1 should ensure
    1. the ongoing confidentiality, integrity, availability and resilience of processing systems and services in connection with processing; and
    2. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
  3. In respect of automated processing, the controller and processor, following an evaluation of the risks, shall implement measures designed to:
    1. deny unauthorized persons access to processing equipment used for processing (‘equipment access control’);
    2. prevent the unauthorized reading, copying, modification or erasure of data media (‘data media control’);
    3. prevent the unauthorized input of personal data and the unauthorized inspection, modification or deletion of stored personal data (‘storage control’);
    4. prevent the use of automated processing systems by unauthorized persons using data communication equipment (‘user control’);
    5. ensure that persons authorized to use an automated processing system have access only to the personal data covered by their access authorization (‘data access control’);
    6. ensure that it is possible to verify and establish the bodies to which personal data have been or may be transmitted or made available using data communication equipment (‘communication control’);
    7. ensure that it is subsequently possible to verify and establish which personal data have been input into automated processing systems and when and by whom the personal data were input (‘input control’);
    8. ensure that the confidentiality and integrity of personal data are protected during transfers of personal data or during transport of data media (‘transport control’);
    9. ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
    10. ensure that all system functions perform and that the appearance of faults in the functions is reported (‘reliability’);
    11. ensure that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’);
    12. ensure that personal data processed on behalf of the controller can only be processed in compliance with the controller’s instructions (‘processing control’);
    13. ensure that personal data are protected against loss and destruction (‘availability control’);
    14. ensure that personal data collected for different purposes can be processed separately (‘separability’).

    A purpose pursuant to the first sentence, nos. 2 to 5 may be achieved in particular by using state-of-the-art encryption.

Content of the FDPA (new)

Part 1 – Common provisions (§§ 1 - 21)

Part 2 – Implementing provisions for processing for purposes in accordance with Article 2 of Regulation (EU) 2016/679 (§§ 22-44)

Chapter 1 – Legal basis for processing personal data
Sub-chapter 1 – Processing of special categories of personal data and processing for other purposes

Sub-chapter 2 – Special processing situations

Chapter 2 – Rights of the data subject

Chapter 3 – Obligations of controllers and processors

Chapter 4 – Supervisory authorities for data processing by private bodies

Chapter 5 – Penalties

Chapter 6 – Legal remedies

Part 3 – Implementing provisions for processing for purposes in accordance with Article 1 (1) of Directive (EU) 2016/680 (§§ 45-84)

Chapter 1 – Scope, definitions and general principles for processing personal data

Chapter 2 – Legal basis for processing personal data

Chapter 3 – Rights of the data subject

Chapter 4 – Obligations of controllers and processors

Chapter 6 – Cooperation among supervisory authorities

Chapter 7 – Liability and penalties

Part 4 – Special provisions for processing in the context of activities outside the scope of Regulation (EU) 2016/679 und Directive (EU) 2016/680 (§ 85)