Data Protection for the
Telecommunications data protection requirements affect almost every company today. Practical questions begin with the still controversial issue of private use of company communications such as the Internet, telephone and e-mail and their conflict with the secrecy of telecommunications pursuant to Section 88 of the German Telecommunications Act (TKG). However, the possible reintroduction of data retention and the operation of a company’s own call centers or call centers operated as part of commissioned data processing also play an important role in shaping data privacy within the company. Or in the corporate group. In addition to a ramified body of case law, these areas are becoming increasingly complex due to European legal requirements. Not only telecommunications service providers, but also companies in other industries have to deal in detail with telecommunications data protection issues in their business practice.
Our data protection services for you:
Data Protection for the telecommunications branch
3 steps to legal consultation
Simply fill out this form and one of our team will contact you to organise a free of charge, no obligation call.
Companies outside the telecommunications sector
Telecommunications data protection must be taken into account in the corporate policy of every company. For example, a company is already considered a “service provider” if it allows its employees to use business communications equipment privately.
In this respect, the employees who practically implement this area, especially those in the IT department, must observe the secrecy of telecommunications in accordance with § 88 TKG, the violation of which can have consequences under both civil and criminal law.
Telecommunications data protection rules also have an impact in the call center area: Listening in on and recording calls affects the rights of employees and customers alike. In this context, the use of dialers, for example, has implications not only in terms of data protection law, but also in terms of competition law and regulation.
In this and other contexts, we develop practical concepts on how you can ensure that these and other telecommunication law requirements are met in your company. In doing so, we benefit from our many years of successful consulting experience in a wide range of industries and offer you creative approaches to solutions, so that you can always keep an eye on your actual business purpose.
Do you need an External Data Protection Officer?
Five steps to full service compliance:
Introduction of your company and KINAST as well as the relevant contact persons. Discussion of the current data protection setup and most important data protection topics.
We conduct data protection audit on-site or based on questionnaires to evaluate the current data protection status of your company.
Document the current data protection status and define further required actions if necessary.
We carry out all necessary measures identified during the data protection audit.
Designation as External data protection officer and on-going consultation starting from day 1.
It goes without saying that telecommunications data protection law affects all telecommunications companies in particular. In addition to the problem areas mentioned above, telecommunications companies are confronted with a wide range of special issues. In the current discussion, these include, for example, the question of how to handle IP addresses in accordance with the law. This question must be discussed from the perspective of civil and criminal law. For telecommunications companies in particular, the rapid pace of technological development is an engine of innovation that must be addressed in legal terms. Areas of interest in this respect currently include geodata services and targeting. Legislators can often only react with a time lag. However, corporate practice must be made legally compliant as soon as the technology emerges, without the use of the innovations being prevented to the detriment of the company.
Our service to you
How our legal experts help clients in the telecommunications branch
We work to ensure that the sector-specific data protection rules of the TKG are complied with – while at the same time safeguarding your business interests to the greatest possible extent.
Within the scope of our activities, we keep the entire “customer life cycle” in mind and take into account the use of inventory and traffic data from the mediation device to billing and deletion.
We propose audit and training concepts that address, for example, your customer management, billing and employee management systems. In this way, we ensure that you are also “well positioned” to meet the – in our observation – increasing control activities of the supervisory authorities.
Finally, we know the “best practice” in the telecommunications industry and carry out a realistic risk assessment. During this time we maintain close contact with your company’s decision-makers.
IT and Compliance Expert
Dr. Karsten Kinast LL.M.
Managing Shareholder | Attorney at Law (Germany)
Attorney at Law (Germany)
Are you in the telecommunications branch and need a data protection solution?
At KINAST, we are always looking for ways to help our clients with legal and regulatory issues related to telecommunications. In particular, we provide support in all questions concerning value-added services (chargeable service numbers), dialers or PBXs and numbering – this also includes the topics “price announcement”, “price display” and “maximum price limits”. We also focus on the practical design of billing processes (online and offline billing) and the associated processing of call data records (CDR), as well as on aspects of competition law.
We are happy to meet these challenges in our capacity as external data protection officers. Please contact us at any time.
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Find out more about our individual legal data protection services
Our Lawyers act as External Data Protection Officers (DPO) for small and medium-sized companies, associations, institutions and international corporations.
Working alonside a DPO, our Data Protection Managers help to implement data protection guidelines and ensures orderly and up to date documentation of your GDPR compliance.
Regular data protection audits ensure that your business continues to process and store personal data in a manner that’s compliant with ever changing data protection laws.