The First Circuit Court of appeals has affirmed that specific personal jurisdiction must be based on defendants’ intentional conduct. In affirming the dismissal of a consumer class action that alleged “wiretapping” claims based on ordinary website activity, the federal appeals court’s decision reflects growing judicial skepticism toward the proliferation of class action claims applying
Social, Mobile, Analytics & Cloud (SMAC)
Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services
The German Federal Ministry for Digital and Transport (Bundesministerium für Digitales und Verkehr – BMDV) has drawn up a new draft bill which shall introduce:
- (i) a statutory obligation for providers of number-independent interpersonal communication services (e.g. instant messaging services) to allow their users to use end-to-end encryption (“E2EE”), and (ii) a statutory transparency obligation for such providers to inform their users accordingly; and
- a statutory transparency obligation for providers of certain cloud services to inform their users about how to use continuous and secure encryption (“Draft Bill”).
The Draft Bill (status 7 February 2024), which does not have any basis in EU law, is available here (German content).Continue Reading Germany’s government plans to introduce a statutory ‘right to encryption’ for users of messaging and cloud storage services
Department for Digital, Culture, Media and Sport launches consultation on app security
On 4 May 2022, the Department for Digital, Culture, Media and Sport (DCMS) launched a consultation (available here) to request views from the tech industry on potential interventions to enhance security and privacy requirements for firms running app stores and developers making apps.Continue Reading Department for Digital, Culture, Media and Sport launches consultation on app security
Germany’s Federal Constitutional Court provides guidance for assessing claims against hate speech on social media
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 speech on a social network, the right to demand from the operator of the social network access to customer data, i.e., the full names of the users who had posted the content that the plaintiff considered to be hate speech. In the view of the BVerfG, the Berlin courts had failed to properly balance the parties’ interests and thereby had violated the plaintiff’s fundamental rights.
Continue Reading Germany’s Federal Constitutional Court provides guidance for assessing claims against hate speech on social media
Get your Update on IT & Data Protection Law in our Newsletter (Spring 2021 Edition)
The Spring 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
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
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Get your Update on IT & Data Protection Law in our Newsletter (Winter 2021 Edition)
The Winter 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
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
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Get your Update on IT & Data Protection Law in our Newsletter (Fall 2020 Edition)
The Fall 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
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…
Implications for your business due to U.S. Executive Order on WeChat
Michael R. Pompeo, the U.S. Secretary of State, announced the “Clean Network Program” which aims to ban the so-called “untrusted” carriers, applications, mobile application stores, cloud service providers, operators of undersea cables connecting the United States and the global internet on August 5, 2020. Companies that are involved in these businesses, or entities that transact…
Legal framework for influencers in Germany, the United Kingdom and the United States
The COVID-19 pandemic has hit the brand ambassador and influencer industry in different ways. Social media engagement is up. Screen times have increased. Advertising campaigns of brand ambassadors for organizations and influencers might have been adjusted. Self-quarantining audiences have different demands. With the strong trust from their followers, influencers on social media channels such as…
Get your Update on IT & Data Protection Law in our Newsletter (Summer 2020 Edition)
The Summer 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released:
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:
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