§ 71 Data protection by design and by default

  1. The controller, both at the time the means of processing are determined and at the time of the processing itself, shall take appropriate measures to implement data protection principles, such as data minimization, in an effective manner, to ensure compliance with legal requirements and to protect the rights of data subjects. In doing so, the controller shall take into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity for the legally protected interests of the data subject posed by the processing. In particular, personal data shall be processed, and processing systems shall be selected and designed in accordance with the aim of processing as few personal data as possible. Personal data shall be rendered anonymous or pseudonymized as early as possible, as far as possible in accordance with the purpose of processing.
  2. The controller shall implement appropriate technical and organizational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, the measures must ensure that by default the data are not made accessible by automated means to an indefinite number of persons.

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)