Germany: Issued Federal Commissioner for Data Protection and Freedom of Information statement on the General Data Protection Regulation

On 25 May 2023, the Federal Commissioner for Data Protection and Freedom of Information (BfDI) issued a statement on the General Data Protection Regulation (GDPR) and outlined the enforcement challenges in regard to data protection, such as artificial intelligence (AI). The BfDI stated that since the GDPR implementation, the number of cases opened against large providers were concluded based on cross-border cooperation. The BfDI noted that GDPR set an international standard adopted by other jurisdictions allowing free data transfers with jurisdictions such as Japan, Israel, Korea, Brazil and some US states. Furthermore, in its statement, the BfDI specified its enforcement priorities, such as establishing manufacturer liability in regard to data protection, regulating AI systems and improving the mechanisms for addressing EU cross-border cases.