In the photo and film community there are fears that the new basic data protection ordinance will override the Art Copyright Act (KUG) -- but this is not the case, according to a statement by the Citizens´ Service of the Federal Ministry of the Interior. According to the BMI, the Basic Data Protection Ordinance (DS-GVO) and the supplementary national laws "no significant changes in the legal situation with regard to the production and distribution of photographs" (exact wording of the explanations below). The KUG fits into the system of the DS-GMO as "German adaptation legislation"; a legal regulation on the continued validity of the Art Copyright Act is therefore not necessary.
However, the Art Copyright Act regulates the distribution of pictorial images, not their production. According to the BMI, the latter was previously governed by the old EU Data Protection Directive and, from 25 May, by the new Basic Data Protection Ordinance, which requires revocable consent, but also provides for "alternative grounds for authorisation such as the exercise of legitimate interests (Art. 6 para. 1 lit. f) DS-GVO)".