Germany. Comprehensive data protection. Act

BDSG 1990Federal Data Protection Act 1990 (Bundesdatenschutzgesetz, pre-2018 version)

Repealed/superseded
Partly verifiedMedium confidence. Dates from the WIPO Lex entry (adoption 20 December 1990, promulgation 29 December 1990, in force 1 June 1991) and a search-result summary of the uni-ulm.de BDSG text; the BGBl. original and gesetze-im-internet.de were not opened. The 2001 and later amendments amended this act and are not separate statutes. The 25 May 2018 end follows the existing de-bdsg-2018 row.

§1Summary

Synopsis

A wholly new federal act adopted in 1990 following the Federal Constitutional Court's 1983 census judgment, which recognised the right to informational self-determination. It was later amended to implement Directive 95/46/EC and in 2009-2010 on credit scoring, employee data, consent and fines. It stopped applying when the BDSG 2018 took effect alongside the GDPR.

Key themes
  • informational self-determination
  • purpose limitation
  • data minimisation
  • special categories
  • federal and non-public bodies
Unique features

Grounded in the 1983 census judgment; legal persons generally not covered.

SaaS relevance

Historical only; replaced by the Federal Data Protection Act 2018 (see de-bdsg-2018) and the GDPR.

§2Obligations

Breach notification
None
DPO
No

§3Dates

Key dates
  • Adopted
  • In force
  • Ended
  • Adopted 20 December 1990 (BGBl. I S. 2954, promulgated 29 December 1990); in force 1 June 1991 (one provision, section 10(4) sentences 3 and 4, on a different schedule); amended in 2001 to implement Directive 95/46/EC and in 2009-2010; re-published 14 January 2003; replaced on 25 May 2018 by the BDSG 2018 (see de-bdsg-2018)

§4Text and authority

Text

§5Where it applies

Domestic law of
Germany

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Dates from the WIPO Lex entry (adoption 20 December 1990, promulgation 29 December 1990, in force 1 June 1991) and a search-result summary of the uni-ulm.de BDSG text; the BGBl. original and gesetze-im-internet.de were not opened. The 2001 and later amendments amended this act and are not separate statutes. The 25 May 2018 end follows the existing de-bdsg-2018 row.