What does criminal offense mean?<\/strong><\/p>\n Violations of data protection law generally constitute administrative offenses (Art. 83 GDPR). However, there are cases that are punishable by a fine or imprisonment. For example, Section 42 (1) BDSG stipulates that anyone who knowingly transmits or otherwise makes available to a third party personal data that is not generally accessible to a large number of persons without being authorized to do so and acts in a commercial capacity is committing a criminal offence. It is also a criminal offence to process personal data that is not generally accessible without being authorized to do so or to obtain such data by providing false information and to act in return for payment or with the intention of enriching oneself or another person or harming another person (Section 42 (2) BDSG). However, in accordance with Section 42 (3) sentence 1 BDSG, these offenses are only prosecuted upon application.<\/p>\n Criminal offenses play an important role in day-to-day business, for example when it comes to the protection and legally compliant processing of personal data.<\/p>","protected":false},"excerpt":{"rendered":" Violations of data protection law generally constitute administrative offenses (Art. 83 GDPR). However, there are cases that are punishable by a fine or imprisonment. For example, Section 42 (1) BDSG stipulates that anyone who knowingly transmits or otherwise makes available to a third party personal data that is not generally accessible to a large number of persons without being authorized to do so and acts in a commercial capacity is committing a criminal offence. It is also a criminal offence to process personal data that is not generally accessible without being authorized to do so or to obtain such data by providing false information and to act in return for payment or with the intention of enriching oneself or another person or harming another person (Section 42 (2) BDSG). However, in accordance with Section 42 (3) sentence 1 BDSG, these offenses are only prosecuted upon application.<\/p>","protected":false},"author":1,"featured_media":0,"menu_order":0,"template":"","meta":{"footnotes":""},"class_list":["post-41309","glossary","type-glossary","status-publish","hentry"],"yoast_head":"\nPractical example<\/h2>\n