Legal framework · Germany
Which terms shape the discussion — and what they do not mean.
The following paragraphs name the framework within which the technical work takes place. They are a classification for the conversation, not a legal assessment of your project.
Professional secrecy (§ 203 StGB). § 203 of the German Criminal Code (Strafgesetzbuch) makes the violation of private secrets a criminal offence and names the professions concerned — among them physicians, lawyers, tax advisers, notaries and psychotherapists. The provision applies in Germany. It is not a Europe-wide rule, and it does not approve any product.
Other contributing persons — “sonstige mitwirkende Personen” (§ 203 (3) StGB). The use of external service providers is expressly addressed in § 203 (3) StGB. In substance, not verbatim: persons bound by professional secrecy may disclose third-party secrets to other persons who contribute to their activity, to the extent that this is necessary in order to make use of the activity of those contributing persons. “Soweit” — to the extent that — limits the scope; it is not a condition. The provision grants no blanket permission; it permits disclosure exactly as far as making use of that activity requires. What is necessary in an individual case is assessed by your legal advisers — we make technically visible which data a service actually sees.
§ 43e BRAO. For lawyers, § 43e of the German Federal Lawyers' Act (Bundesrechtsanwaltsordnung) sets out particular requirements for making use of services, for selecting the service providers and for the contractual obligations involved. That provision applies to the legal profession. It is not transferred unchecked to physicians, to other professions or to other countries.
Processing by a processor (Art. 28 GDPR). Processing by a processor is a legal concept of data protection law. It governs the relationship between controller and processor and does not answer the question arising from professional rules. Professional secrecy and data protection are two examinations side by side, not one.
Microsoft amendments. For certain regions and purchasing routes, Microsoft provides amendments that address the protection of secrets. Which version applies to your purchasing route, whether it has been accepted and which scope it covers is something we examine on the actual contract. An amendment replaces neither a suitable configuration nor the examination of further parties involved.
No legal advice
arades provides technical and organisational services. We give no legal advice, grant no clearance under professional rules, and we do not certify that you are legally compliant. The legal assessment is made by the appropriate professionals — we supply the technical facts on which that assessment can rest.