Sensitive data in the commercial register can now be accessed more easily. (Image Source: Pixabay / Screenshot)
Dates of birth of shareholders, private addresses of managing directors, sometimes even original signatures: Such sensitive information about many companies and people can now be accessed in the commercial register by anyone without registering. The business associations AAN, AIW and WVS are therefore calling for an examination – because there is a claim that many do not yet know: The documents can be exchanged.
The fact that the data can be called up at all is nothing new: According to the NRW data protection officer, personal data from the register “must be accessible to everyone in order to serve transparency in legal transactions” – it is therefore required by law. However, for years it was not possible to access it free of charge and only after registration.
But there was a change just over a year ago: since then, the register portal has been accessible free of charge and without registration, which has made it much easier (and probably not traceable) to tap signatures or private addresses, for example. “Unfortunately, the first cases of abuse have actually already been registered,” notes AIW chairman Andreas Brill – he had lodged a complaint with the data protection officer on behalf of his association and the two sister associations: “After all, it can’t be that the commercial register contains data worthy of protection data can be called up!”
The possibility of data misuse should be taken seriously
The response was surprisingly positive: the officer shares the association’s assessment that the full release of the register portal should have “significantly increased the range of the data that can be called up and the number of people who actually access the portal”. She even explicitly points out: “It is easy for me to understand that you are concerned about the misuse of your data. In our opinion, too, this concern should be taken seriously because the data is now very easily accessible.”
The AIW complaint was also submitted on behalf of the associations AAN (active companies on the Lower Rhine) and WVS (business association for the district of Steinfurt). Andreas Brill explains: “We want to increase the weight in order to make it clear: Of course data protection is important in Germany, but while data protection declarations have to be filled out for a photo in kindergarten, for example, or the list of birthdays in the club already violates the data protection law, it works currently as if the data of entrepreneurs is obviously worth less.”
Companies are entitled to exchange the documents
Michael Girbes, Chairman of the AAN, agrees with this attitude and appeals to companies in the region to check the commercial register to see whether personal data is publicly accessible: “In your own interest, you should look at the documents deposited with the register court. Of course, if none are saved, this is good news. But if you do, ask your notary to exchange the critical documents for neutralized documents.”
Because what many do not know: the right to have the documents exchanged is currently being legally prepared by the Federal Ministry of Justice. “Although the justice ministries of the federal states are responsible for the commercial register, it can be assumed that this instruction from the Federal Ministry of Justice will be implemented in a timely manner,” estimates Andreas Brill. “After the exchange, however, it should be checked again whether the old documents are really no longer visible. Unfortunately, this means that costs and effort are once again left with the companies.”
All three business associations are staying on topic
Because the NRW data protection officer shifts the responsibility to the respective registry courts, the AIW, together with AAN and WVS, are currently considering filing a complaint with a registry court as an example. “We want to use this to draw the attention of those responsible in politics to the fact that we, as entrepreneurs, also have a right to the protection of our data,” emphasizes Brill.
Michael Girbes from AAN ( www.aan.de) addresses a request to the companies: “Support us in this initiative, for example by talking to your state parliamentarians and other political decision-makers about this problem. And above all: Check which data about you is available in the commercial register and have the documents exchanged if necessary. If many companies follow this call, this will not go unnoticed either!”
Image Source: Pixabay / Screenshot
The AAN business association “Active companies on the Lower Rhine eV” based in Xanten is the regional network platform for entrepreneurs. Its goal is to shape the exchange of ideas and experiences from a wide variety of industries and company sizes, to bundle interests and to clarify them in exchange with politics and administration. The AAN promotes the region with a variety of activities so that it can continue to be an attractive living environment for skilled workers in medium-sized companies.
Contact
AAN Business Association
Michael Girbes
Johannes-Janssen-Strasse 5
46509 Xanten
0151-42025782