Privacy Top 20 Ratgeber

Legal advice on data protection: lawyers and law firms at your side

Since May 2018, European companies, medical practices, associations, etc., have been obliged to implement the GDPR. The two-year grace period is over – and yet the results still show some serious gaps. Now the next phase is already beginning, which will present website operators, bloggers and various platforms with another mammoth task: The copyright reform passed by the EU Parliament. Are you also affected by both measures? Are you now facing the important question of how best to tackle all the requirements simultaneously – all without losing sight of any important factors?
Our recommendation: Start with legal advice on data protection! You still have time for the copyright reform. The actual EU GDPR, on the other hand, currently demands your full attention. Surely you can do without GDPR warnings costing you millions.

A data protection officer without the necessary expertise is often not enough

You are right to say that you are obliged to appoint an expert on the subject. However, there is no requirement that the expert must have legal knowledge. You only need to prove that the data protection officer is properly trained in GDPR issues. It can therefore be advantageous for you to seek legal advice from a lawyer or law firm specializing in data protection law. They will assist you skillfully in the following areas:

  • Email marketing
  • Implementation of the GDPR
  • Legal notice
  • Social media
  • Ecommerce
  • etc.

But even if you already have a representative in your company, legal advice from a lawyer specializing in data protection can be useful. In such cases, they can provide expert support in legal matters.

Better to have too much protection for once

The large wave of warnings feared has so far failed to materialize, but this does not mean that the competent authorities are not on the lookout for data protection violations. Basically, an incorrect statement in the legal notice or the omission of a required processing contract is all it takes for your company to come to the attention of the supervisory authority.

A legal consultation with a GDPR-certified law firm on data protection will help you to get an overview of all pending tasks. At the same time, you will receive thorough information on the current situation and, if necessary, skillful support. For example:

  • Creation of data protection concepts
  • Options after receiving a warning letter
  • Protection against infringement of the rights of data subjects
  • Investigating your competitors for privacy violations
  • Advertising law
  • Preparation of legally compliant contracts
  • Content design of your website (privacy statement, legal notice, etc.)
  • Handling customer data
  • Regulations regarding Facebook, Instagram or Twitter
  • Advice on your internal company guidelines

In addition, there is a large number of specialist lawyers who not only provide GDPR legal advice but can simultaneously act as data protection officers. This allows you to kill two birds with one stone.

What can you expect from a legal consultation on data protection?

Basically, it’s all about what you want. Are you looking for a legal adviser who is also a data protection officer? Then, of course, your company will first be reviewed. The situation is similar if you have received a notice from the supervisory authority responsible for you and now want to sound out your options. In this case, too, the lawyer must first examine your inquiry and check whether a GDPR violation has really occurred. At the same time, they will try to determine the chances of success. For these reasons, please bear in mind that anonymous legal advice is usually not possible.

Minimize risks early

You do this by opting for legal advice on data protection. It may also be worth extending this to the entire workforce. By doing so, you would sensitize your employees to the topic and underline the importance of the General Data Protection Regulation. Unfortunately, it is often human error that leads companies to need help with GDPR warnings.

In the worst case, for example, what can you expect, and why might you need legal advice on data protection?

  • Data subjects could accuse you of having stored and processed their personal data without a legal basis. You are then obliged to prove that this is not the case.
  • Supervisory authorities have the ability to deny suspicious companies the right to collect information. The basis for this is usually a GDPR violation. You are not aware of any wrongdoing? Legal assistance in data protection can be very helpful in that case.
  • The wave of reminders starts and you are also affected. Negligent misconduct can cost you horrific fines. This is not necessary if you make sure right from the start that the GDPR is implemented in compliance with the law.

Legal advice on data protection is a good investment

We recommend that you not be deterred by a lawyer’s fee. Of course, professionals are not cheap – at least not those who are really good at their job. In the long run, however, it can only be advantageous for your company if you can fall back on expert legal advice on data protection when worst comes to the worst.

Especially for small companies, the implementation of the new GDPR guidelines is a real challenge that is not always easy to handle without competent legal advice. An informational appointment, which will explain all relevant details regarding privacy statements, legal notice, data processing, etc., as well as your obligations towards data subjects, can also take away all uncertainties with regard to the GDPR.