• 2BAdviceAilance
• 0 Comments
• 7398 Views

Criminal offenses

What does Criminal offenses?

Violations of data protection law generally constitute administrative offenses (Art. 83 GDPR). However, there are cases that are punishable by a fine or imprisonment. Section 42 (1) BDSG, for example, stipulates that anyone who knowingly discloses information that is not generally accessible is committing a criminal offense. personal data discloses such information to a large number of persons without authorization, or otherwise makes it available to a third party, and does so for commercial purposes. A person is also guilty of a criminal offense if they personal data, which are not generally accessible, without being authorized to do so, or obtains them by providing false information, and in doing so acts for compensation or with the intent to enrich himself or another person or to harm another person (Section 42(2) BDSG). However, pursuant to Section 42(3), first sentence, of the BDSG, these offenses are prosecuted only upon request.

Practical example

In day-to-day business Criminal offenses important role, for example when it comes to protection and legally compliant Processing of personal data.