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.

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 …

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 …

Wal

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 …

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 …

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. …

Lacking IT compliance: When the data „oil boom“ could come to an end

Karsten Krupna Data Security, General Data Protection Regulation Leave a Comment

Digital data processing is an important driver for sustainable company development and therefor, as is regularly to be read, the new (motor) oil. For this, the linkage and cross-platform accessibility to all data types plays a central role. Herein, fintech’s focus on e.g. bank data, developers of health apps or wearables on health data. If the corresponding data protection requirements …

Free WeFi Zone

Liability for Operating Public Wi-Fi Hotspots

Bernd Schmidt General Data Protection Regulation, Telemedia Leave a Comment

After long discussions, finally the German legislator implemented a rule excluding liability for providers of public Wi-Fi Hotspots. However, there remain relevant legal risks for operating public Wi-Fi Hotspots. Key aspects of this recent amendment of the German Telemedia Act (TMG) are summarised below. 1.   Liability Limitation for Access-Providers Sections 7 and 8 TMG contain a liability limitation for so …