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Data concerning sex life or sexual orientation
Please note: Even if a DPO is not necessary
according to the aforementioned requirements, it can be useful to
designate one on a voluntary basis.
2. Can EU member states adopt national rules for the
designation of a DPO?
Yes, according to Art. 37 (4) GDPR. The national specific
requirements may even be more restrictive as under the GDPR. In
Germany, a DPO needs to be designated under the new Federal Data
Protection Act ( BDSG ) if
At least 20 persons are constantly dealing with automated
processing; or
Processing is subject to a Data Protection Impact Assessment
(Art. 35 GDPR); or
Friday, December 18, 2020
Are law firms considered businesses or service providers of the personal information that they receive from clients as part of a representation?
It depends.
If a written contract between a law firm and its client (e.g., an engagement letter) prohibits the law firm from using, retaining, and disclosing personal information except to the extent permitted by the client, the law firm may be a “service provider” under the CCPA. The CPRA amended the CCPA’s definition of service provider such that, beginning on January 1, 2023, the contract between a law firm and its client may also need to include provisions prohibiting the sale or sharing of personal information, and the combination of personal information between and among clients of the law firm.