Trust is good, protection is better – the new Trade Secret Protection Law

Claudia Bischof General Data Protection Regulation Leave a Comment

After last year, when the General Data Protection Regulation (GDPR) came into force for companies, the focus was on the implementation of the requirements there, the forthcoming entry into force of the new Trade Secrets Act should bring a new important topic into the focus of management: Measures to protect own trade secrets.Read More

Hamburg Law Applicants’ Day 2019

Claudia Bischof Events Leave a Comment

Save the date: On 19 June 2019, the Hamburg Law Applicants’ Day will take place. The event offers young lawyers the opportunity to get to know the law firms presenting themselves in an informal atmosphere and to make initial contacts or consolidate existing contacts. PLANIT // LEGAL will also be there.Read More

Influencer Marketing

Svenja Bottke General Data Protection Regulation Leave a Comment

Influencer activities are becoming an increasingly important marketing approach. Companies and influencers often assume they were operating a legal grey area and that it would be unclear to which extent they must label their publishing as commercial. In fact mistakes in this legal assessment can have severe consequences. The following article describes obligations to label influencer activities as being commercials and latest judgements in the field of influencer marketing. Read More

The Higher Regional Court Munich declares Amazon-Dash-Buttons to be contrary to consumer protection law

Phillip Hofmann General Data Protection Regulation Leave a Comment

The Higher Regional Court (OLG) Munich (decision of 10 January 2019 – 29 U 1091/18) has decided that the conclusion of a consumer goods purchase via the Amazon-Dash-Button is intransparent and the contractual provisions unreasonably disadvantage the consumer. It has therefore condemned Amazon to refrain from its business practice at the request of the North Rhine-Westphalian center of consumer protection (“Verbraucherschutz-zentrale NRW”). It is not to be expected that the decision of the Higher Regional Court will constitute an obstacle to innovative business models. On the contrary, the implementation of the legal requirements will make a decisive contribution to “multichannel shopping” in line with consumers’ and service providers’ interests.

The following article summarizes the court’s decision and provides information on how the transparency requirements can be implemented into the Dash-Button in a legally secure manner. Read More

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Extraterritorial Application of European Data Protection Law. EU Data Protection Law First?

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

The General Data Protection Regulation (GDPR) widely expands application of European data protection law. Thus, non-European companies will fall increasingly within the scope of European data protection law. The scope of application in detail remains uncertain and can pose serious legal challenges to non-European companies. Where European data protection law claims its application there is a serious likelihood of conflicts with the rules of their national (data protection) law.Read More

The Applicability of the GDPR within the EEA

Bernd Schmidt General Data Protection Regulation, International Data Protection Leave a Comment

The General Data Protection Regulation (GDPR) is a legal instrument of importance for the European Economic Area (EEA). Pursuant to Article 7(a) of the Main Agreement on the EEA (EEA Agreement), all EEA-States are obliged to adopt the GDPR domestically. This applies not only to the EU member states but also to the EFTA States Iceland, Lichtenstein and Norway. The following article shows the detailed composition of the EEA (1.), on which basis the GDPR will apply in the EEA (2.) and how the corresponding incorporation procedure is structured (3.).

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Review: European Data Protection Law Review

Bernhard Freund General Data Protection Regulation, International Data Protection Leave a Comment

Data protection law is more than ever undergoing a radical change. The introduction of the EU’s General Data Protection Regulation (GDPR) and the continuous development of new technologies raise countless questions. If you want to stay informed about the latest discussions, trends and judgements, you need high-quality and up-to-date sources. The European Data Protection Law Review (EDPL) aims to meet this need. A review.Read More

The Keylogger Decision of the Federal Labour Court – Exclusion of Evidence Due to Data Protection Violation

Bernd Schmidt Employee Data Protection Leave a Comment

The Federal Labour Court (Bundesarbeitsgericht) had to decide on the effectiveness of the termination of a web developer who used substantial parts of his working time for private activities. The employer had gained this insight by using a keylogger, without any concrete suspicion of a criminal offence or serious breaches of duty by the employee. (Judgment as of 27.07.2017, BAG 2 AZR 681/16).
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