Datenschutzrechtliche Pflichten, Sanktionsregime und Selbstbelastungsfreiheit

With the aim of ensuring an effective protection of personal data, the GDPR gives supervisory authorities the power to impose severe administrative fines in the event of data breaches. On the other hand, controllers and processors are required to cooperate with the authorities to a large extent. The author deals with the obligations to cooperate under the GDPR, especially from the point of view of their potential for self-incrimination, and in this context touches on substantive and procedural issues of the law on fines. The main focus of this study is on the question of an emerging tension between the obligations and the principle of nemo tenetur.