On 14th July 2015 the next trilogue meeting between EU Commission, European Parliament and the Council of the European Union will be held. At that meeting the parties will discuss the following topics: Article 3(2) – Territorial scope Article 25 – Representatives of controllers not established in the Union Chapter V – Transfers of personal […]
Month: June 2015
Today the Bavarian Data Protection Supervisory Authority (Bayerisches Landesamt für Datenschutzaufsicht) has published a synopsis of the three most relevant versions of the planned EU General Data Protection Regulation. The synopsis provides a good overview of the changes to the drafts submitted by the EU Commission on 25 January 2012, the outcome of the first […]
German Federal High Court qualifies refusal of consent for legal Adword-advertisement of a competitor as unfair commercial practice
- Posted by Stephanie Reuvers
- On 15 June 2015
The German Federal High Court (“BGH”) ruled on 12 March 2015 that the refusal of a trademark owner to give his consent to the legal use of its trademark in an Adword-advertisement of a competitor constitutes an illegal deliberate obstruction of a competitor according to section 4 no. 10 of the German Unfair Competition Act (BGH […]
Breaking News – EU Ministers have sealed a general approach on the proposed Data Protection Regulation
Today, Ministers in the Justice Council have sealed a general approach on the Commission proposal on the Data Protection Regulation. Modern, harmonised data protection rules will contribute to making Europe fit for the digital age and are a step forward to the EU Digital Single Market. Trilogue negotiations with the Parliament and the Council will […]
- Posted by Wiebke Jakob
- On 15 June 2015
On June 12, 2015, the German Parliament passed the IT Security Act (IT-Sicherheitsgesetz). The law provides, inter alia, that operators of so-called critical infrastructure must meet a minimum level of IT security, install protection tools to ensure the security and notify the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik – […]
DLA Piper has conducted a study on behalf of the European Commission investigating the legal framework for cloud contracts. The study provides guidance to the European Commission on existing laws, case law and administrative guidance applicable to cloud computing contracts in 27 EU Member States and the U.S. level.
Jan Geert Meents has over 20 years’ experience advising IT companies and national and international businesses.
Usually, companies have long-established structures of maintaining their IP. However, there are different approaches to the organization structures. Interestingly, a recent poll of the IP management service provider Helios IP shows that only little more than half of the companies appears to favor a centralized approach. The other half tends towards different variations of the […]
On 12 November 2014, the German Federal High Court (“BGH”) ruled that a used-car sales contract concluded on the internet platform eBay was valid, even though the seller ended the listing early when the buyer’s initial offer of EUR 1 remained the highest bid (BGH VIII ZR 41/14). As the defendant (the seller) subsequently sold the car elsewhere, the BGH granted the plaintiff (the buyer) damages amounting to the lost profit (the value of the car minus the bid of EUR 1). In another decision dated 10 December 2014, the BGH confirmed the aforementioned decision and granted the plaintiff damages after the defendant selling a power generator had ended the eBay listing early and had sold the generator elsewhere (VIII ZR 90/14).