What are the consequences of violating data protection laws?
October 11, 2023 | 60,00 EUR | answered by Tobias Helbig
Dear Data Protection Lawyer,
My name is Erika Schreiber and I have a question regarding the consequences of violations of data protection law. I run a small online shop where I sell handmade jewelry. Lately, I have heard more and more about companies having to pay high fines for violating data protection laws.
I am aware that as an online retailer, I also process personal data of my customers, for example, in processing orders or storing payment information. Since I am not an expert in data protection law, I am very concerned about possibly breaking existing laws and what consequences that could have for me and my small online shop.
Could you please explain to me what legal consequences could arise from violations of data protection law? Are there specific fines that I would have to pay if I breach data protection regulations? How can I ensure that my online shop is compliant with data protection regulations and avoid legal issues?
Thank you in advance for your help and support.
Best regards,
Erika Schreiber
Dear Mrs. Schreiber,
Thank you for your inquiry and your interest in data protection law. As a lawyer specializing in data protection law, I can gladly assist you and provide detailed answers to your questions regarding the consequences of violations of data protection law.
Firstly, it is important to understand that data protection law in the EU is regulated by the General Data Protection Regulation (GDPR). This regulation sets out how personal data must be processed and protected by companies. As an online retailer processing personal data of your customers, you are therefore obligated to comply with the requirements of the GDPR.
Violations of data protection law can result in various legal consequences. Firstly, the supervisory authority for data protection in your country (in Germany, for example, this is the data protection authority) can impose fines. These fines can amount to up to 20 million euros or 4% of the company's global annual turnover, depending on the nature and severity of the violation. For small online shops like yours, a violation could therefore have significant financial consequences.
Furthermore, violations of data protection law can also have civil law consequences if customers or other affected individuals suffer harm as a result of the violation. They could, for example, make claims for damages against you.
To ensure that your online shop is compliant with data protection regulations and to avoid legal issues, you should take various measures. This includes creating a data protection concept in which you document which personal data you process, for what purpose you do so, and how you protect the data. Additionally, you should ensure that you have a legal basis for processing the data, such as consent from your customers.
It is also important that you take technical and organizational measures to protect the data, such as encryption or regular data backups. Furthermore, you should conduct regular data protection training for yourself and your employees to ensure they are aware of data protection regulations.
If you are unsure whether your online shop is compliant with data protection regulations, I recommend consulting a data protection expert who can conduct a data protection audit and provide recommendations for improving your data protection measures.
I hope this information helps and answers your questions regarding the consequences of violations of data protection law. If you need further assistance or have any more questions, please do not hesitate to contact me.
Best regards,
Tobias Helbig
Lawyer specializing in data protection law
