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Bundestag Highlights of the Current Week

Strengthening Data Protection Law in Germany: Federal Government Proposes Changes to the Federal Data Protection Act to Safeguard Citizens' Data, Prioritizing Fundamental Rights During the 168th Session on May 15, 2024

Parliamentary Weekly Updates in Germany's Bundestag
Parliamentary Weekly Updates in Germany's Bundestag

Bundestag Highlights of the Current Week

The German federal government has been active in introducing several draft bills aimed at various aspects of the country's infrastructure and society. Here's a rundown of some of the key proposals:

Simplifying Data Protection

The federal government is discussing a draft bill to amend the Federal Data Protection Act (BDSG), with the primary goal of simplifying certain data protection obligations. Key aspects include:

  • Removing the "occasional processing" reference and tightening exceptions related to processing that "probably leads to a risk" by changing it to "probably leads to a high risk" for the rights and freedoms of natural persons.
  • Restricting or removing references to processing special categories of personal data under Article 9(1) GDPR, especially concerning obligations to maintain processing records for this data.
  • The European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) have expressed preliminary support for these targeted simplifications, provided they do not weaken other GDPR duties.

While the draft bill is still in an unofficial draft stage, it aims to adjust risk thresholds for exemptions, manage special category data processing responsibilities, and streamline compliance requirements under the BDSG.

Urban Development Promotion

A motion by the coalition factions of SPD, Alliance 90/The Greens, and FDP titled "For strong neighborhoods, an attractive living environment, and a good life in the neighborhood - Urban Development Promotion" is being discussed. This proposal aims to strengthen urban development promotion in the coming years.

Vocational Education and Training

The federal government aims to strengthen vocational education and training by providing for more digital procedures, determining and certifying individual vocational skills acquired independently of a vocational training certificate in the future using a new procedure. This move is expected to reduce bureaucracy and enable training to take place digitally via mobile work and participation in virtual exams.

Building Statistics Act Novelization

The Bundestag is debating the draft bill of the federal government for the novelization of the Building Statistics Act, aiming to improve statistical surveys of construction activity and the possibilities for political steering.

Minimum Penalties for Child Pornographic Content

The federal government is concluding deliberations on the draft bill "for the adaptation of the minimum penalties of paragraph 184b subsection 1 sentence 1 and subsection 3 of the Criminal Code - Distribution, Acquisition, and Possession of Child Pornographic Content". The amendment aims to enable law enforcement agencies to react appropriately to cases at the lower end of the criminal spectrum, setting a minimum penalty of six months.

Cross-border Vocational Training

Germany and France have signed an agreement on cross-border vocational training, providing for the introduction of part-time vocational training, standardized bilingual model contracts and training agreements, facilitated admission, and clarification of funding issues.

Fourth Bureaucracy Relief Act (BEG IV)

The Fourth Bureaucracy Relief Act (BEG IV) contains a comprehensive package of measures from various areas, aiming to reduce administrative requirements and enable many legal transactions to be processed digitally in the future without media breaks.

Strengthening Consumer Rights

Consumer rights will be strengthened by establishing a legal basis for the so-called credit scoring, preventing the use of sensitive data in the automated calculation of a person's creditworthiness.

Digital Enforcement Proceedings

The draft bill proposes to digitize enforcement proceedings, reducing the number of applications in hybrid form by allowing the digitally transmitted evidence of enforcement prerequisites to justify the powers and duties of the bailiff.

Protecting Minors in International Marriages

A new regulation must be enacted by June 30, 2024, to protect minors in international marriages. This regulation declares marriages involving or between minors under the age of 16 invalid under German law and introduces provisions for maintenance claims and the possibility for the marriage to be validated once the parties reach the age of majority.

Municipal Potentials - Strengthening Developmental Political Engagement at the Local Level

The traffic light factions are introducing a motion titled "Utilizing Municipal Potentials - Strengthening Developmental Political Engagement at the Local Level", aiming to better connect municipalities and federal states with their counterparts in other countries through a digital platform, personnel exemptions and secondments, and increased involvement of municipal representatives in German negotiation delegations.

The Reform of the Federal Training Assistance Act (BAföG)

The federal government is introducing a draft bill for the 29th amendment to the Federal Training Assistance Act (BAföG), aiming to make funding more flexible and adapt it to real study conditions.

The Amendment to the Road Traffic Act

The amendment to the Road Traffic Act aims to introduce a THC limit in road traffic and a ban on alcohol consumption for cannabis consumers. The limit is set to be 3.5 nanograms of THC per milliliter of blood serum in the future.

The Draft Bill by the Coalition Factions for the Partial Legalization of Cannabis

The draft bill by the coalition factions aims to implement a protocol clarification regarding the partial legalization of cannabis, providing more leeway for the states in granting permits for cannabis cultivation associations, adjusting consumption bans and distances to schools and youth facilities, and developing a training offer for addiction prevention specialists in municipalities.

The Vocational Training Report 2024

The Vocational Training Report 2024 shows that the training market is slowly recovering, with approximately 500,000 young people beginning training in 2023, three percent more than in 2022. However, the numbers are still below the level before the Corona pandemic, and around 73,400 training positions remained unfilled in 2023.

The Report on the Federal Government's Human Rights Policy

The report on the federal government's human rights policy, covering the period from October 2020 to September 2022, is being debated in the Bundestag. It addresses the situation and implementation of human rights in Germany, foreign and development cooperation, and the human rights situation in selected countries.

Sources: 1. Bundesregierung 2. Bundesregierung 3. Bundesregierung 4. Bundesregierung

  1. The proposed adjustments to the Federal Data Protection Act (BDSG) aim to simplify certain data protection obligations, moving toward a risk threshold that better reflects the potential impact on individuals' rights.
  2. The German government's goal is to streamline compliance requirements under the BDSG by managing special category data processing responsibilities more effectively.
  3. The federal government's efforts to simplify data protection could potentially lead to changes in processing that "probably leads to a high risk" for individuals' rights and freedoms.
  4. Removing the "occasional processing" reference is part of the proposed changes in the BDSG draft bill, aiming for clearer and more straightforward compliance standards.
  5. The draft bill's potential impact on GDPR duties is under review by the European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS), who have expressed preliminary support for targeted simplifications.
  6. The German federal government has introduced the concept of urban development promotion, with a focus on strengthening urban development promotion in the coming years.
  7. The motion "For strong neighborhoods, an attractive living environment, and a good life in the neighborhood - Urban Development Promotion" seeks to improve living conditions in urban areas, positioning it as a key priority.
  8. Vocational education and training is expected to become more accessible with the introduction of digital procedures and individual vocational skills recognition, enabling learning through mobile work and virtual exams.
  9. The Building Statistics Act novelization aims to improve statistical surveys of construction activity, enhancing possibilities for political steering in the industry.
  10. Germany and France have collaborated on a cross-border vocational training agreement, facilitating part-time vocational training, harmonizing contracts, and resolving funding-related issues.
  11. The Fourth Bureaucracy Relief Act (BEG IV) is a comprehensive package of measures aimed at reducing administrative requirements and enabling digital legal transactions.
  12. The German government seeks to strengthen consumer rights by establishing a legal basis for credit scoring, prohibiting sensitive data from being used in the automated calculation of creditworthiness.
  13. Digital enforcement proceedings are being proposed to digitize this process, reducing administrative work and increasing efficiency in the execution of legal obligations.
  14. The protection of minors in international marriages is an essential focus, with a new regulation expected to render marriages involving or between minors under the age of 16 invalid under German law.
  15. The goal of better connecting municipalities and federal states with their counterparts in other countries is at the heart of the motion "Utilizing Municipal Potentials - Strengthening Developmental Political Engagement at the Local Level."
  16. The 29th amendment to the Federal Training Assistance Act (BAföG) aims to make funding more flexible and adapt it to real study conditions, ensuring students have the resources they need.
  17. The amendment to the Road Traffic Act considers introducing a THC limit in road traffic and a ban on alcohol consumption for cannabis consumers, targeting safe driving practices and public safety.
  18. The draft bill by the coalition factions for partial cannabis legalization focuses on adjusting consumption bans and distances to schools and youth facilities, paving the way for greater legalization.
  19. With approximately 500,000 young people beginning training in 2023, the training market is slowly recovering according to the Vocational Training Report 2024.
  20. Despite the increasing number of training participants, the Vocational Training Report 2024 highlights that the numbers are still below pre-pandemic levels, and around 73,400 training positions remained unfilled in 2023.
  21. The report on the federal government's human rights policy addresses the situation and implementation of human rights in Germany, foreign and development cooperation, and the human rights situation in selected countries.
  22. The strategy for tackling cybersecurity challenges in the industry and finance sectors includes promoting entrepreneurship, investing in innovative technology, and developing a skilled workforce.
  23. The importance of diversity and inclusion in leadership positions in the interior design, cooking, and lifestyle industries is increasingly recognized, with a focus on empowering underrepresented groups.
  24. The outdoor-living, food-and-drink, and dining industries must prioritize innovation, sustainability, and close adherence to food safety regulations to remain competitive in the global market.
  25. Small-business owners in the food-and-drink and dining sectors could potentially benefit from guidance on family dynamics and relationships, ensuring smooth operations and fostering growth.
  26. The novel approach of integrating cybersecurity and data management aspects into home-and-garden products offers a unique selling point for home-improvement companies targeting modern homes.
  27. Baking enthusiasts have a wealth of resources available, from traditional recipes to global cuisines, creating endless possibilities for exploring the world of food through creative baking.
  28. The relationship between love, dating, and personal finance is a vital aspect of personal growth and career development, requiring a balanced approach that considers both emotional and financial well-being.

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