IT/Datenschutz

Liability of Internet-Access-Provider for copyright infringements

By Gabriele Engels / 15 February 2016 / Copyright, IP, IT, IT/Datenschutz, Marken-/Wettbewerbs- und Urheberrecht

The German Federal Supreme Court (BGH, decision of 26 November 2015) recently acknowledged the general liability of TK-companies which provide access to the internet (so-called Access Provider) according to the principles of “Stoererhaftung” (Breach of Duty of Care) and has thus closed a gap in current copyright law and practice. The Access Provider might even …

Liability of Internet-Access-Provider for copyright infringements Read More »

DPAs Call into Question ALL Methods of Data Transfer to United States

By Jan Geert Meents / 27 October 2015 / Data Protection, IT/Datenschutz, Privacy, Safe Harbor

By Dr. Thomas Jansen and Dr. Jan Geert Meents Yesterday, October 26, 2015, the German Federal Data Protection Officer and the Data Protection Authorities (DPAs) of the German Federal States (together “Datenschutzkonferenz” – DSK) issued a position paper calling into question all methods of data transfer to the United States. Specifically, the European Court of …

DPAs Call into Question ALL Methods of Data Transfer to United States Read More »

German DPAs issue a Position Paper on Safe Harbor

By Jan Geert Meents / 26 October 2015 / Data Protection, IT/Datenschutz, Privacy, Safe Harbor

By Dr. Jan Geert Meents and Dr. Thomas Jansen Today the German Federal Data Protection Officer and the Data Protection Authorities (DPAs) of the German Federal States (together “Datenschutzkonferenz” – DSK) issued a joint statement on the Safe Harbor decision: According to the Safe Harbor decision of 6 October 2015, a data transfer based on …

German DPAs issue a Position Paper on Safe Harbor Read More »

New German Data Retention Law: Retention Obligations for Providers of Publicly Available Telecommunications and Internet Access Services

By Reka Hatala / 16 October 2015 / Data Protection, IT/Datenschutz

By Dr. Jan Geert Meents, Dr. Thomas Jansen and Dr. Reka Hatala Today the German Bundestag passed a highly disputed law on the retention of personal data. 404 out of 559 MEPs voted for the bill pursuant to which German providers of publicly available telecommunication and internet access services must store call detail records (CDR) …

New German Data Retention Law: Retention Obligations for Providers of Publicly Available Telecommunications and Internet Access Services Read More »

BREAKING NEWS: Data Protection Authority Calls to Stop Data Transfers Based on EU Model Clauses

By Reka Hatala / 14 October 2015 / IT/Datenschutz

By Dr. Thomas Jansen and Dr. Reka Hatala Today the Independent Centre for Privacy Protection of the Federal State Schleswig-Holstein (“ULD”), one of the seventeen data protection authorities in Germany, published its position paper on the Safe Harbor decision of the ECJ. While most of the authorities have been cautious in connection with the …

BREAKING NEWS: Data Protection Authority Calls to Stop Data Transfers Based on EU Model Clauses Read More »

German DPA Imposes Significant Fine for Commissioned Data Processing Without a Proper

By mmartin / 8 September 2015 / IT/Datenschutz

By: Dr. Thomas Jansen and Mari Martin On August 20, 2015, the Bavarian Data Protection Authority (DPA) issued a press release stating that it had imposed a significant fine on an organization that engaged in commissioned data processing without first concluding a proper data processing agreement. Background Pursuant to section 11 of the German Federal …

German DPA Imposes Significant Fine for Commissioned Data Processing Without a Proper Read More »

Use of customer data following an asset deal results in huge fines for seller and buyer

By Reka Hatala / 25 August 2015 / Data Protection, IT/Datenschutz

Dr. Thomas Jansen and Dr. Reka Hatala The Bavarian Data Protection Authority imposed an extraordinarily high fine for violating the data protection laws in the course of a company acquisition. According to the Authority´s press release dated 30 July 2015, both the seller and buyer in the acquisition were fined a five digit amount each …

Use of customer data following an asset deal results in huge fines for seller and buyer Read More »

Update on EU General Data Protection Regulation: Preparation for Trilogue on 14th July

By Jan Geert Meents / 29 June 2015 / Data Protection, IT/Datenschutz

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 …

Update on EU General Data Protection Regulation: Preparation for Trilogue on 14th July Read More »

Synopsis of EU General Data Protection Regulation

By Jan Geert Meents / 24 June 2015 / Data Protection, IT/Datenschutz, Privacy

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 …

Synopsis of EU General Data Protection Regulation Read More »

Breaking News – EU Ministers have sealed a general approach on the proposed Data Protection Regulation

By Jan Geert Meents / 15 June 2015 / Data Protection, IT/Datenschutz

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 …

Breaking News – EU Ministers have sealed a general approach on the proposed Data Protection Regulation Read More »

New IT Security Act Intensifies Duties Of Providers

By Wiebke Jakob / 15 June 2015 / IT/Datenschutz

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 – …

New IT Security Act Intensifies Duties Of Providers Read More »

German Government proposes class actions for data protection violations

By DLA Piper Digital Team / 11 May 2015 / IT/Datenschutz

By Reka Hatala and Britta Hinzpeter On 4 February 2015, the German federal government published a draft law on the improvement of enforcement of data protection provisions protecting consumers (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften des Datenschutzrechts) (“Draft Law”). Provided the German parliament passes the Draft Law, consumer protection associations …

German Government proposes class actions for data protection violations Read More »