For the HWR as a public authority, the relevant regulations include the GDPR, the Federal Data Protection Act, the Berlin State Data Protection Act, the Telecommunications Act, the Telemedia Act, the Berlin Higher Education Act, the Berlin Student Data Ordinance and the HWR’s data protection statutes.
The EU Data Protection Regulation (EU-DSGVO), which is directly effective, is decisive. In principle, it is not possible for the Member States to weaken the data protection stipulated in the regulation through national regulations. However, in some areas there are so-called opening clauses that allow the member states to regulate certain aspects of data protection at national level. This concerns, for example, research (§17 BlnDSG), employee data protection (§26 BDSG) or telemedia (§14f TMG). Therefore, there are still national data protection laws or laws that contain regulations on data protection. These sets of laws are to be applied complementary to the GDPR.
Which legal basis for processing personal data is to be applied in your case or specialised procedure depends on the corresponding processing situation. The data protection officer will be happy to help with the assessment.
EU-DSGVO – European Data Protection Regulation
BlnDSG – Berlin State Data Protection Act
BDSG – Federal Data Protection Act
BerlHG – Berlin Higher Education Act
StudDatVO – Berlin Student Data Ordinance