On 5 November 2010, the German Second Chamber (Bundesrat) commented on the Government’s draft for the new HR Privacy Bill. The Government introduced the bill in August in order to create specific rules for the collection and processing of HR data before, during and after an employment relationship. The Bill includes prohibits the use of social networks for research on candidates and sets out specific rules for different types of employee monitoring. The Bundesrat demands from the government to review the Bill in order to make them easier to understand. In addition, the Bundesrat requires more detailed rules, calling, for example, for a ruling banning the monitoring of cafeterias and break rooms. In addition, the Bundesrat wants to include a provision for the privacy protection of employee representatives. The Bundesrat also suggests that the Government shall request on a European level to regulations for data privacy within groups of companies. The Government will now respond with a counter-statement and then forward the Bill to the German Parliament (Bundestag). It is expected that the Bill will be finalized by the Bundestag in spring next year.

Photo of Ulrich Wuermeling Ulrich Wuermeling

Ulrich Wuermeling is a counsel in the Corporate Department of the firm’s Frankfurt office, where he also heads the Technology Transactions Practice Group. His work focuses on the negotiation of complex outsourcing, project, license and joint venture agreements and on counseling in M&A…

Ulrich Wuermeling is a counsel in the Corporate Department of the firm’s Frankfurt office, where he also heads the Technology Transactions Practice Group. His work focuses on the negotiation of complex outsourcing, project, license and joint venture agreements and on counseling in M&A and finance transactions where technology issues are involved. Ulrich’s clients predominantly come from the finance, technology, marketing or media sectors. One of his areas of expertise is privacy law. He obtained his Doctorate at the University of Würzburg on the subject “Trade Barrier Privacy” and has published numerous articles on privacy law.