German Federal Labour Court: Function of an internal data protection official ends with company merger

In Germany, businesses that employ more than nine people with the processing of personal data are under an obligation to appoint an internal data protection official. The position of these internal data protection officials has recently been strengthened.

According to Sec. 4f para. 3 of the German Federal Data Protection Act, their employment must not be terminated during their appointment and for one year thereafter unless for cause. In its decision dated September 29, 2010 (Az. 10 AZR 588/09), the German Federal Labour Court stated that an employee's function as internal data protection officer would end, however, if the company with which he is employed, and where he is appointed as a data protection official, merges and thereby ceases to exist as a separate legal entity.