Contrasting Approaches to Data Protection in Ireland and Germany

• Philip Nolan
• Oisin Tobin

This article considers the law on data protection in Ireland and Germany and highlights a number of differences between the regimes. First, it considers the requirements in relation to consent to data processing. Irish law takes a flexible approach to this and incorporates a wide doctrine of implied consent. The article then goes on to discuss the German and Irish rules on unsolicited direct marketing by email. Irish law does not adopt the “double opt-in” requirement, which sets it apart from its German equivalent. Finally, the article considers the role of “amicable resolution” in enforcement of Irish data protection laws.