Abstract
Corona crisis and video conferencing software – two terms that now belong together. However, the demands controllers have on video conferencing software can quickly reach the limits of data protection regulations. In recent years, the progressive development of video conferencing software has already excited many users and led to significant growth. In ad hoc situations, like the Corona pandemic, issues regarding data protection are all too often neglected. This is fatal considering the fact that the implementation of video conferencing software is accompanied by a large number of data protection and security issues that must be addressed and weighed up by the controller. At first glance, technically feasible solutions can quickly turn out to be “Trojan horses” and pose a serious threat to personal data. Therefore, the selection, set-up and use of data protection-compliant video conferencing software is of great importance for controllers. This article aims to examine relevant questions regarding data protection and security management from a European legal perspective. In particular, the detailed analysis of the requirements of the General Data Protection Regulation (GDPR) as well as the practical consequences for the controller should provide practicians an overview of the legal problems associated with the implementation and use of video conferencing software.
Highlights
Zusammenfassung Corona-Krise und Videokonferenzsoftware – ein Begriffspaar, das inzwischen zusammengehört
To ensure a General Data Protection Regulation (GDPR)-compliant level in such cases, the conclusion of a processing contract is highly recommended, as it allows the controller to define a contractual standard of data protection
The analysis of video conferencing software illustrates the high level of requirements stipulated by the GDPR
Summary
General Data Protection Regulation (GDPR) compatibility of video conferencing software is essential when it comes to the protection of personal data. There is no reason to consider video conferencing software a priori as not compliant with the GDPR. Already at the selection stage, the controller should use the adjustment options provided by the software to ensure that the video conferencing software complies with data protection law. In this context, the complex dichotomy between the legal framework of the GDPR and the technical possibilities of video conferencing solutions needs to be resolved
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