What data am I legally allowed to store as a company?
July 17, 2024 | 40,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
my name is Konrad Melzer, owner of a small company specializing in the sale of sports equipment. Recently, I have been extensively researching data protection, as I am unsure about what data my company is legally allowed to store.
Currently, my company stores customer data such as names, addresses, email addresses, and phone numbers. Additionally, we also collect data on customer purchases in order to provide personalized offers and advertising. However, I am concerned about whether I am allowed to store this data at all and whether I am meeting all legal requirements.
My worries mainly revolve around the possibility of violating existing data protection laws and risking high penalties. Furthermore, I do not want to upset my customers by potentially using their data unlawfully.
Therefore, my question to you is: What data am I legally allowed to store as a company? Are there specific requirements or regulations that I need to adhere to? What steps can I take to ensure that I am operating within the framework of data protection laws and treating my customers in a data protection-compliant manner?
I thank you in advance for your support and look forward to your expertise on this matter.
Kind regards,
Konrad Melzer
Dear Mr. Melzer,
Thank you for your inquiry regarding data protection law concerning the storage of customer data in your company. It is commendable that you are addressing this important issue and want to ensure that you comply with legal requirements and treat your customers in a data protection-compliant manner.
First of all, it is important to emphasize that data protection law in Germany is very strict and requires companies to process and store personal data only under certain conditions. One of the most important laws in the field of data protection is the General Data Protection Regulation (GDPR), which has been in effect throughout the European Union since May 2018.
According to the GDPR, companies may only store personal data if they have a legal basis for doing so. Such a legal basis may, for example, be the consent of the individuals concerned. This means that you must obtain explicit consent from your customers to store their data.
Furthermore, you must ensure that the data you store is actually necessary for the purpose you are pursuing. This means that you may only store data that is necessary for conducting business with your customers. Superfluous or no longer needed data must be deleted.
Additionally, you must ensure that your customers' data is adequately protected. This means that you must take technical and organizational measures to ensure the security of the data and prevent misuse or unauthorized access.
To ensure that you comply with data protection law and treat your customers in a data protection-compliant manner, I recommend creating a data protection policy in which you specify exactly what data you store, for what purpose you use it, and how you ensure the security of the data.
Furthermore, I recommend conducting regular data protection training for your employees to ensure that they are aware of handling personal data and complying with data protection regulations.
If you are unsure whether you are meeting all legal requirements, I recommend consulting a data protection officer who can assist you in implementing data protection regulations in your company.
I hope that this information has been helpful to you and I am available for any further questions.
Sincerely,
Irmgard Helbig
Attorney specializing in data protection law
