Tag Archives: Germany

Calculation of administrative fines under GDPR – standardized concept published in Germany

After a month of rumors, uncertainty, and German data protection authorities being nontransparent, the German conference of data protection authorities (Datenschutzkonferenz, DSK) published the concept for calculating administrative fines for data protection violations (Concept, available here) on October 16, 2019. The Concept sets out a standardized approach regarding the calculation of administrative fines in accordance … Continue Reading

German court ruling: no claims for damages under Article 82 GDPR for minor GDPR violations

In its recent decision of 11 June 2019 (docket no.: 4 U 760/19, available here), the Dresden Court of Appeals (Oberlandesgericht Dresden – Court of Appeals) had to decide on claims for damages under Article 82 GDPR with regard to minor violations of the GDPR. Background The defendant, the provider of a social network, had … Continue Reading

Claims for transfers of Patents: clarification on time limits

Germany is one of the most important patent litigation jurisdictions in Europe, making developments in its patent law very important to globally operating companies. In recent years, the number of cases regarding claims for the transfer of patents has risen steadily in Germany. If an application is filed by someone who is not entitled to … Continue Reading

Trade Secrets Act now a national law in Germany

On April 26, the Geschäftsgeheimnisgesetz (Trade Secrets Act, “Act”) came into effect. It took Germany over a year from the implementation deadline to transpose the Trade Secrets Directive (“Directive”) into national law. The Act replaces the provisions of the Unfair Competition Act on misappropriation of trade secrets and introduces new procedural rules for trade secret … Continue Reading

Germany finally implements the Trade Secrets Directive!

With Germany finally implementing the Trade Secrets Directive into their national law, know-how theft cases are becoming more frequent.  Whilst questions have been raised around adequate protection for whistle blowers and journalists, many see the new laws as a positive move towards better know-how protection in Germany. For more information, and to read Frankfurt IP … Continue Reading

German Interstate Treaty on Gambling under revision: Additional sports betting licenses may be available soon

Recently, a draft for the 3rd Amendment to the German Interstate Treaty on Gambling (Staatsvertrag zum Glücksspielwesen in Deutschland – “GlueStV”) has been published (“3rd Amendment”). The draft for the 3rd Amendment is available in German here. Proposed changes under the draft for the 3rd Amendment The key changes under the proposed 3rd Amendment are … Continue Reading

Misappropriation of trade secrets in Germany – the recent Supreme Court decision

Germany is a leading jurisdiction for patent litigation, yet it is still not popular for those bringing trade secrets disputes. Frankfurt partner Dr Anette Gärtner has published a case comment, “German Federal Supreme Court: Hohlfasermembranspinnanlage II — Enforcement of Claims for Misuse of Trade Secrets”, looking at the recent Supreme Court decision regarding the misappropriation … Continue Reading

Update on Facebook fan pages: What should organisations do after the release of Facebook’s co-controller agreement?

After another statement by the German Data Protection Authorities (German DPAs) of 5 September 2018 (Statement, available in English here), stating that the operation of a fan page as offered by Facebook was illegal, Facebook reacted “overnight” and released a co-controller agreement, the “Page Insights Controller Addendum” (Insights Addendum, available here). In a press release … Continue Reading

Germany: Berlin court holds that bitcoin is not a financial instrument contrary to the practice of the financial regulator

The German regulatory practice has been to treat bitcoin as a unit of account and thus a financial instrument. Consequently, commercial services involving bitcoin and other cryptocurrencies (including trading, brokerage, operating exchanges, investment advisory ) are regulated activities, requiring the relevant authorisation of Germany’s Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, or BaFin). On 25 September … Continue Reading

Munich Court of Appeal prohibits Facebook from deleting a post that does not fall under the German Hate Speech Act

On 24 August 2018, the Munich Court of Appeal (“Court”) issued a preliminary injunction against Facebook that prohibits Facebook from deleting a certain user’s post (docket no. 18 W 1294/18, available in German here). Facts of the case The claimant is a Facebook user who had taken part in a discussion on the Facebook page of … Continue Reading

Trade secret litigation – is Germany next?

In anticipation of the implementation of the Trade Secrets Directive, the topic of know-how protection has been widely discussed. Dr Anette Gärtner, along with Sabrina Gossler, has written an article which explores the current legal situation in Germany, analyses the relevant provisions of the Directive and explains the immediate next steps for companies operating in … Continue Reading

Update on the UK’s Information Commissioner, IP Addresses and Russia’s ‘Right to be Forgotten’ Laws

With the Privacy Shield, the Umbrella Agreement and the GDPR capturing significant attention, it would be easy to overlook some of the other important developments that have taken place in the data protection sphere. We have rounded up some of the main stories. Next UK Information Commissioner announced Pending the formal approval process, Elizabeth Denham … Continue Reading

Asset Deals under the watchful eyes of German Data Protection Authorities

Bavarian Privacy Watchdog Fines Seller and Purchaser for Personal Data Transfer On 30 July 2015, one of Germany’s State Data Protection Authorities (DPA) announced that it will put asset deals which involve the transfer of personal data under special surveillance. The reason for the announcement was a case where the DPA had recently fined both … Continue Reading

German Data Protection Commissioners Take Action Against Safe Harbor

At the Data Protection Conference in Berlin, the Berlin and Hamburg Data Protection Commissioners (Commissioners) made a number of important announcements regarding the ‘inadequacy’ of the EU/U.S. Safe Harbor Program. Both Dr. Alexander Dix and Prof. Johannes Caspar, Commissioners for Berlin and Hamburg respectively, asserted that U.S. companies do not protect data to the same … Continue Reading

Newsflash from Luxembourg: Data Retention Directive is incompatible with Charter of Fundamental Rights

According to the opinion of the Advocate General Pedro Cruz Villalón, published 12 December 2013, the Directive 2006/24/EC is as a whole incompatible with the requirement, laid down in the Charter of Fundamental Rights, that every limitation on the exercise of a fundamental right must be provided for by law. The Directive itself should already … Continue Reading

European Companies Should Stop Sending Data to the U.S., German Privacy Officials Urge

Last week, Berlin looked to be taking some concrete steps to address shortcomings in data privacy treaties. Germany’s foreign and justice ministers sent a letter to their European counterparts suggesting that an “additional protocol” be added to Article 17 of the UN’s International Covenant on Civil and Political Rights “that guarantees the protection of the … Continue Reading

Google Inc. Fined for Street View by Hamburg DPA – There is More to the Street than Meets the Eye

According to a press release Monday, the Hamburg Officer for Data Protection and Freedom of Information issued a fine in the amount of €145,000 against Google Inc. for illegal recording of information from Wi-Fi networks. While Google’s cars roamed the streets in Germany during the years 2008-2010, they not only took pictures of houses and … Continue Reading

The German data protection commissioner Schleswig-Holstein publishes recommendations on how to provide and use cloud computing services in compliance with German and European data protection laws.

The Schleswig-Holstein data protection authority (“ULD”) has published a series of recommendations on how to provide and use cloud computing services in a way that is compliant with German and European data protection laws. The recommendations are based on the Article 29 Working Party (the “Working Party”) Opinion on cloud computing (see our client alert), … Continue Reading

German Data Protection Authorities Set Minimum Competency and Independence Requirements for Data Protection Officers

This post was written by Nick Tyler and Moritz Wagner. The German data protection authorities (DPAs) have recently passed a resolution setting minimum requirements for the competency and independence of company data protection officers (DPOs). This initiative follows inspections carried out within companies that revealed a generally insufficient level of competency among DPOs, as well as … Continue Reading
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