Durchsetzung des Beschäftigtendatenschutzrechts

Data protection remains an empty promise if its rules are not effectively enforced – this also and especially applies to the employment relationship with its particular risks for employees. The requirements for the enforcement mechanisms of the GDPR – compensation for damages under Art. 82 and fines under Art. 83 GDPR – are largely unclear. This poses a considerable risk for data-processing employers and employees may only have ineffective enforcement mechanisms at their disposal. The study provides a comprehensive interpretation of the central enforcement instruments of data protection law with a particular focus on the employment relationship, which also includes the passability of damages and a waiver in employment contracts.