On 5 July 2017, the new German Data Protection Act (BDSG-new) was officially published in the Federal Gazette. BDSG-new will fully replace the current German Federal Data Protection Act (BDSG) and is intended to adjust the German legal framework to the new European General Data Protection Regulation (GDPR). Both BDSG-new and the GDPR will become effective 25 May 2018.

Some of the most important provisions of BDSG-new relate to sensitive data, employee data protection, the obligation to appoint a data processing officer and the use of scoring data.

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Photo of Dr. Viola Bensinger Dr. Viola Bensinger

Viola Bensinger is Global Co-Chair of the Greenberg Traurig’s IP & Technology Practice Group and the Global Data Privacy & Cybersecurity Practice, and also chairs the Technology Practice in Germany. She advises clients from the technology, media, health care, automotive and other industries.

Photo of Carsten A. Kociok Carsten A. Kociok

Carsten Kociok is a partner in the Technology, Financial Services and Data Privacy Practice in Berlin and Co-Head of Greenberg Traurig’s global Fintech Group. He advises national and international clients across all industries, including financial services, information technology, artificial intelligence, ecommerce, media, health

Carsten Kociok is a partner in the Technology, Financial Services and Data Privacy Practice in Berlin and Co-Head of Greenberg Traurig’s global Fintech Group. He advises national and international clients across all industries, including financial services, information technology, artificial intelligence, ecommerce, media, health care, telecoms, retail and real estate, on a wide variety of complex commercial and regulatory matters.

Carsten is a leading technology lawyer, ranked consistently in Band 1 for Fintech Legal in Germany since 2020. He has in-depth and wide-ranging experience in the areas of privacy and cybersecurity, payments law, financial services, e-money products, blockchain technology, and financial and banking regulation, as well as in artificial intelligence regulation – including compliance with the EU AI Act – and the integration of AI technologies into existing software systems.

Carsten regularly assists clients in licensing projects and audit proceedings with financial regulators and advises on the contractual and regulatory aspects of developing, implementing and operating financial technology products and transactions.

On the data privacy side, Carsten counsels clients on complex data-driven business models and regulatory matters, including on international data transfers, data privacy compliance, monetization of data, artificial intelligence, litigation, cybersecurity and data breach response.

Carsten regularly lectures and publishes on various FinTech and data privacy topics. Prior to joining the firm, Carsten worked at Olswang Germany for eight years and in the Capital Transaction Practice Group of an international law firm in New York.