Öffnungsklauseln in der DSGVO und nationale Verwirklichung im BDSG

The General Data Protection Regulation (GDPR) was intended to harmonize Union data protection law in a far-reaching way. Contrary to this goal more opening clauses were included. This paper examines the use of selected opening clauses of the GDPR, taking the Federal Data Protection Act (BDSG) as an example. In particular, it examines the question of harmonization in data protection law after the major reform from the Directive to the Regulation. Already at the level of the GDPR, ambiguities and contradictions in the opening clauses are noticeable. The use of these clauses in the member states reveals even more serious deficiencies, which further weaken harmonization.