Telecommunications

Data Protection requirements concerning telecommunications affect almost every company today. Practical questions begin with the controversially discussed matter of the private use of company resources such as the internet, telephone and e-mail account and the relation to the secrecy of telecommunications. In addition, the possible reintroduction of Data Retention and the operation of own call centers or those operated within the framework of Data Processing on behalf of the Data Controller play an important role in the everyday design of Data Protection in companies or in Groups. In addition to a complex body of case law, these areas are becoming increasingly complex because of European legal requirements, in particular the GDPR. Not only telecommunication service providers but also companies from other industries have to deal with Data Protection issues in detail regarding telecommunication in their corporate practice.

Companies outside the telecommunications sector

Telecommunication Data Protection must be taken into account in every company’s corporate policy. For example, a company is a ‘service provider’ if it allows its employees to use company resources for communication privately. Data Protection rules also have an effect in the call center area: Listening to and recording conversations affects the rights of employees and customers alike. In this context, the use of dialers, for example, is not only problematic from a Data Protection point of view but also has an impact in terms of competition and other regulatory issues.

We develop practical concepts on how you can ensure these and other legal telecommunication requirements in your company. You will benefit from our many years of successful consulting experience in a wide variety of industries. We can offer creative solutions so that you can always keep an eye on your actual business purpose.

Telecommunication companies

In addition to the problem areas mentioned above, telecommunication companies face a wide range of special issues. In the current discussion, this includes, for example, the question of handling IP addresses in a legally compliant manner. This question also affects civil and criminal law provisions in addition to Data Protection regulations. Also and especially for telecommunication companies, the rapid technical development presents itself as a driver of innovation, which has to be countered legally. The relevant areas in this respect are currently geolocation data services or targeting. However, the company’s practices must be legally compliant with the emerging technology. Therefore, the company has to make sure that innovations are not prevented to the detriment of the company.

We observe both, the provisions of the GDPR and the specific local Data Protection requirements. While at the same time safeguarding your business interests in the best possible way. Within the scope of our activities, we have the entire “customer life cycle” in mind. Furthermore, we take into account the use of inventory and traffic data from the mediation device to invoicing and deletion. We recommend audit and training concepts, which for example deal with your systems for customer administration, accounting and employee administration. In this way, we ensure that you are also able to counter the increasing activity of the Supervisory Authorities. We are aware of “Best Practices”, carry out realistic risk assessments and maintain close contact with official decisionmakers. Our long-standing consulting practice includes topics such as

  • Direct marketing
  • Itemized bills
  • Joint user declaration
  • Credit check
  • Access Requests Abuse control,
  • Location Based Services (LBS)
  • Geodata services / targeting
  • Mobile advertising via SMS / MMS

and we solve these matters efficiently, in a legally sustainable way and by taking into consideration the external image of your company.

Cooperation based on trust

In addition, in all questions concerning value-added services (chargeable service numbers), dialers or PBX systems and numbering – including the topics “price announcement”, “price display” and “maximum price limits” – we support your respective specialist and/or legal department in an advisory capacity and take into account not only technical developments, but above all the positions of the relevant institutions (including the German Federal Network Agency or supervisory authorities). The design of billing processes (online and offline) and the associated processing of Call Data Records (CDR), which are both practice-oriented and data protectioncompliant, are just as much a focus for us as are aspects of competition law.

We attach great importance to close and trusting cooperation with the various departments within the company. As an “interface” between data protection law and data security, the data security officer, for example, is an important contact in order to ensure a uniform approach between data protection and data security.

We are also happy to meet these challenges in our capacity as External Data Protection Officers.