Sun, Sep. 24, 2017

Privacy: Lawyers to Outsource Cloud, Office Services

CK - Washington.   Beyond the confines of privacy laws, criminal law and professional codes constrain the disclosure of data by lawyers and other professionals. In light of §203 of the Criminal Code, professionals may be prosecuted for outsourcing janitorial work, secretarial help and certainly uploading client data to cloud services.

On September 22, 2017, the second chamber in the German parliamentary system, Bun­des­rat,composed of representatives of the 16 states, consented to a change al­rea­dy passed in the Federal Diet, Bundestag, in Berlin. The long title of the new statute, Ge­setz zur Neuregelung des Schutzes von Geheimnissen bei der Mitwirkung Dritter an der Berufsausübung schweigepflichtiger Personen, is descriptive: Statute to up­da­te the protection of secrets with the participation of third parties in the exercise of the pro­fes­si­on by per­sons bound to secrecy.

The statute amends §203 and guides access to data by employees and third parties who assist professionals. Such persons will be subject to the same constraints as the professions that engage them, for disclosures of protected information learned in pro­vi­ding their services. In addition, the statute imposes on the professionals certain ob­li­ga­tions to safeguard the information in relation to their help.

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