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Currently there are two trends on cookie consent banner design – either (1) the “Accept All” and “Reject All” options are shown in the first layer of a cookie consent management solution, or (2) only the “Accept All” option is shown in the first layer together with a link to the second layer of the cookie consent management solution where the user can reject to the use of non-essential cookies. There is more clarity on the views of the UK data protection authority on whether a “Reject All” option in the first layer of a cookie consent management solution is required.Continue Reading “Reject All” button in cookie consent banners – An update from the UK and the EU

The Summer 2023 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:

English version
German versionContinue Reading Get your Update on IT & Data Protection Law in our Germany Newsletter (Summer 2023 Edition)

Background

The European Commission (EC) issued the long-awaited adequacy decision for the new EU-U.S. Data Privacy Framework (Framework) on July 10, 2023. The Court of Justice of the European Union (CJEU) had previously invalidated both the U.S.-EU Safe Harbor in 2015, and the U.S.-EU Privacy Shield in 2020 after challenges by Austrian privacy activist Max Schrems (CJEU decisions known as Schrems I and Schrems II, respectively). Following those decisions President Biden signed Executive Order 14086 on “Enhancing Safeguards for United States Signals Intelligence Activities”, which introduced new binding safeguards. Our previous client alert discussed how the draft adequacy decision, including in relation to this this Executive Order, addressed concerns raised in Schrems II.Continue Reading Third Time’s a Charm: European Commission adopts EU-U.S. Data Privacy Framework

The EDPB 101 Task Force published a report summarizing its assessment on international data transfers in connection with the use of tracking and analytics cookies (Tracking Cookie). The report is available here. The 101 Task Force comprises of representatives of the supervisory authorities in the EU (SA) and was created back in 2020, in response to the 101 complaints filed by NYOB, a data privacy activism group, regarding data transfers in connection with the use of Tracking Cookies.Continue Reading Cookies and international data transfers: Key takeaways from the EDPB 101 Task Force report

The winter 2023 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:

English version

German versionContinue Reading Get your update on IT & data protection law in our newsletter (Winter 2023 edition)

The Summer 2022 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:

English version

German versionContinue Reading Get your Update on IT & Data Protection Law in our Newsletter (Summer 2022 Edition)

The Winter 2022 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:

English version

German versionContinue Reading Get your Update on IT & Data Protection Law in our Newsletter (Winter 2022 Edition)

On December 1, 2021, in a much-noted decision, the Administrative Court of Wiesbaden (AC Wiesbaden) handed down a preliminary injunction dealing with international data transfers (case 6 L 738/21.WI, available in German here). In the specific case, there was no data transfer mechanism in place and thus the court ordered the defendant to stop using a cookie consent management platform. Contrary to some reports, the court did not rule that U.S.-based consent management solutions or cookies cannot be used anymore. The injunction can still be appealed and could also be lifted in the main proceedings.
Continue Reading German court prohibits U.S. data transfers in “Cookiebot” decision: Why this decision is special and should alert, but not upset your organization