Garden House Wood Shop
The Federal Law for Data Protection (BDSG) and the newer Teledienstedatenschutzgesetz (TDDSG) regulate the collection and processing only of personreferred data. Those are single specifications over personal or material conditions of a certain or assignable natural person (so-called concerning), like e.g. Name, address and date of birth, in addition, the email address. Protected data are also such, which are apparently not at all personreferred, like e.g. IP numbers. Because it is possible the fact that the IP it was assigned firmly and from there to a certain person points the way. This risk should be sufficient for enterprises, in order to subject it to the data protection. Also the so-called log files, which store each individual access on all Web servers, are subject from there in principle to the data protection. Personal data are raised today not only by means of direct input by the Web surfers, but selected frequently automatically from the browsers and stored then in so-called Cookies on the computers of the surfers or in files on the Web servers of the enterprises. Because, who surfs in the Internet, its computer turned around for accesses from the Internet usually just as openly, as the Internet for the surfer. Personal data may be only processed, if laws permit this expressly or the concerning consented expressly. To the data processing there are legal permissions only very few: e.g. Inventory data, which is necessary to the completion of contracts between providers and customers (§ 5 TDDSG); e.g. Use and settlement dates, which make the use (entrance identification) or account possible (service life) of Telediensten (§ 6 TDDSG). Use data must be deleted however at the latest immediately after end of the respective use, settlement dates at the latest 80 days after calculation dispatch. Most today in the Internet raised data require from there already before its first processing, e.g. storing on the Web server of the offerer, the express consent by the concerning. In principle the consent requires writing. In the Internet she can be explained also electronically (§ 3 TDDSG), if the service tenderer guarantees that it can take place only via a clear and conscious action of the user (click on button), it not unrecognizably be changed can (write protected storage), their author be recognized can (storage of the user data as well as the consent text), who consent is logged (storage) and contents of the consent can be called up at any time of the user (e.g. by means of password over a personalisierte homepage). A consent is also necessary, if it concerns data, which can be inferred from generally accessible sources (directories), as far as they are to be used exclusively commercially. The consent is effective only if the user were informed before about the fact that and which data are to be stored and processed for which purpose in which form. If personal data are to be used thus to the market study, to the production of personality profiles or to the determination of user habits, then is to be referred to on it expressly. The data may be used later only to the extent of a given and not recalled - also on the possibility of each-early revocation is the user before storage to refer to - consent. Each use going beyond it is forbidden. In addition enterprises, in which at least 5 coworkers are busy with the data processing constantly, must a commisioner for data protection order. The attention of the data protection regulations is supervised by the local supervision of data protection, which can make examinations at any time and locally, even if no concrete complaint is present.
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