The Winter 2022 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version… Continue Reading
Two Chinese information security laws, the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), are creating difficulties for parties involved in litigation in the United States seeking discovery materials stored in China. Both the DSL and the PIPL require data processors to obtain approval from the Chinese government before transferring any data … Continue Reading
In a recent decision of December 19, 2021, case no. 1 BvR 1073/20 (published with an official press release dated February 2, 2022), the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) set aside several judgments of the Berlin civil courts. The Berlin civil courts had denied the plaintiff, who alleges she was exposed to hate … Continue Reading
In a judgment handed down by the UK Court of Appeal on 21 December 2021 ([2021] EWCA Civ 1952, available here), Walter Soriano, the claimant, was granted his cross-appeal, giving him permission to serve Forensic News LLC and four other defendants in the United States with proceedings under the General Data Protection Regulation (GDPR). The … Continue Reading
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 … Continue Reading
In one of the most highly anticipated judgments in recent years, the UK Supreme Court has unanimously rejected a class-action style compensation claim under the Data Protection Act 1998. The Supreme Court decision was handed down as a result of a claim raised against Google LLC (Google) by Richard Lloyd on behalf of four million … Continue Reading
On 7 September 2021, the High Court granted a defendant’s application for summary judgment in a claim for compensation brought by three data subjects resulting from a data breach suffered by the defendant, on the basis that the breach was ‘trivial’ (here). The case The case related to a single email (with attachments) sent by … Continue Reading
The European Court of Justice (ECJ) ruled on 6 October 2021 in Top System SA v. Belgian State (Case C‑13/20) EU:C:2021:811 that, under article 5(1) of the Software Directive (Council Directive 91/250/EEC) (the Directive), lawful purchasers of software are permitted to decompile programs (in whole or in part) in order to correct errors affecting the … Continue Reading
AI is a hot topic, particularly in the area of patent law and inventorship. On Tuesday 21 September 2021, the UK Court of Appeal ruled that artificial intelligence (AI) cannot be listed as an inventor on a patent application (Thaler v Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ 1374). Background The present … Continue Reading
On September 17, 2021, the Illinois Court of Appeals for the First District ruled that some BIPA claims are subject to a five year statute of limitations, while others must be brought within one year. In Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, the appellate court accepted a certified question from … Continue Reading
The Summer 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Update on international data transfers State Labour Court of Baden-Württemberg: No claim for damages for transferring personal data to the United States on … Continue Reading
The Spring 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: New cookie rules in Germany will apply as of December 1, 2021 German data protection authorities conduct coordinated audits on international data transfers … Continue Reading
In Bellingham, Alex v. Reed, Michael [2021] SGHC 125 (Alex v. Reed) The Singapore High Court considered the loss or damage needed for a private action to be brought against an organisation for a breach of the PDPA. In particular, the court found that a mere loss of control over personal data, or emotional distress over such loss of control, was insufficient. Our recent client alert details the case and … Continue Reading
The Winter 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Strengthening fair competition – changes to the law against unfair competition Cologne Regional Court on the broad concept of the right to access … Continue Reading
The Fall 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: 1. Data transfers following Schrems II 2. German Supreme Court: Relationship between the GDPR and the German Act on the Protection of Copyrights … Continue Reading
On 11 November 2020, the Court of Justice of the European Union (CJEU) in Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP) (Case C-61/19) delivered its preliminary ruling on the issue of valid consent under the General Data Protection Regulation 2016/679/EU (GDPR) and Directive 95/46/EC. You can read … Continue Reading
Class actions are widely known for their popularity in the United States. These types of actions are now developing in the UK because of recent data breach litigations. In the UK, group litigation can arise in two different scenarios: Group Litigation Order (“GLO”) or representative actions. GLOs are orders given by the Courts to manage … Continue Reading
Unlike other countries, such as the US, France has a conservative approach of when and how IP right holders are entitled to disclose a pending infringement dispute to their clients and investors, under the legal concept of “disparagement”. France takes this step in order to limit the negative impact on the competitor resulting from disclosure … Continue Reading
On 11 August 2020, the Court of Appeal published its decision challenging the High Court’s approval of South Wales Police’s (‘SWP’) use of CCTV facial recognition. We wrote about the High Court’s judgment in September last year, which can be viewed here. As a quick recap of the case, SWP used CCTV automated facial recognition … Continue Reading
On May 27, 2020, the German Federal Constitutional Court invalidated section 113 of the German Telecommunications Act (TKG) and several accompanying federal law provisions for non-compliance with the German Constitution (case nos. 1 BvR 1873/13 and 1 BvR 2618/13). On July 17, 2020, the Federal Constitutional Court published the fully reasoned judgment as well as a press release outlining the … Continue Reading
Recently in a landmark decision, United States PTO v. Booking.com B.V. the U.S. Supreme Court clarified certain trademark rights for “.com.” There, the High Court ruled 8-1 that Booking.com, a popular online travel reservation agency, could register its company name – BOOKING.COM – as a trademark. In doing so, the Supreme Court struck down the … Continue Reading
The Court of Justice of the European Union (CJEU) handed down its judgment on a case brought by privacy rights activist, Max Schrems (C-311/18, Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems) (Schrems II) yesterday, July 16, 2020. The case concerned the transfer of personal data to recipients in the United States via the EU … Continue Reading
The Summer 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Access rights vs. data backup Cookie update: Planet49 and cookie walls Double opt-in required under GDPR Update on influencer advertisement German Supreme Court: … Continue Reading