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

On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation

The Information Commissioner’s Office (ICO) has prosecuted an individual under the Computer Misuse Act 1990 (CMA 1990), resulting in a six-month prison sentence. This prosecution is the first of its kind by the ICO.

The facts

The defendant was a man named Mustafa Kasim. Mr Kasim was employed in the motor repair industry and had used a colleague’s log-in details to access a software system. This allowed Mr Kasim to access the personal data of customers, such as their names, phone numbers, and vehicle and accident information, without permission. Mr Kasim continued to access the software after moving to a different organisation.
Continue Reading ICO brings criminal prosecution for data misuse

The International Chamber of Commerce (ICC) has revised its code of conduct for advertising and marketing (the ICC code) to keep up with the “rapid evolution of technology and technologically-enhanced marketing communications and techniques”.

The revised ICC code considers emerging digital marketing and advertising practices, in order to set a “gold standard for modern rule-making in our digital world”.

The ICC code

The ICC code is a framework for self-regulation, which applies across the global advertising and marketing industry.

The basic principle of the ICC code is that all marketing communication should be “legal, honest, decent and truthful”. Other key principles include respecting human dignity, being transparent, fair competition, social responsibility, making the marketer’s identity apparent, and taking special care where communications are directed at children and teenagers under 18.

What’s new?


Continue Reading ICC updates marketing and advertising code to account for the digital world

In a clampdown on the UK’s growing illegal telemarketing, the Information Commissioner’s Office (ICO) issued its first monetary penalties under the Privacy and Electronic Communications Regulations 2011 (PECR) in November.

Following an 18-month investigation, Christopher Niebel and Gary McNeish of Tetrus Telecoms were fined £300,000 and £140,000 respectively for distributing up to 840,000 illegal spam