Archiv für die Kategorie ‘Privacy Law’

Privacy in Germany: What to Consider When Using Tracking Tools

Sep 21, 22 • Privacy Law • No Comments • Stefan Winheller

For some, the General Data Protection Regulation (GDPR) means strengthening user privacy against data-hungry companies; for others, it is bureaucratic dallying that creates unnecessary costs for innovative companies. These differing opinions collide with each other, particularly in the field of online […]
New Model For Fines For GDPR Violations

Jun 29, 22 • Compliance, Privacy Law • No Comments • Stefan Winheller

When the General Data Protection Regulation (GDPR) came into force more than four years ago, the introduction of fines as a penalty for data protection violations caused quite a stir. For the most part, the horrendous fines feared at the time […]
German Telecommunications Telemedia Data Protection Act Simplifies Consent to Cookies

Dec 30, 21 • Privacy Law • No Comments • Stefan Winheller

Who isn’t familiar with this? Before you can learn about the latest developments in politics online or view the current offers in the web shop, you are asked to accept or reject the use of tracking and analysis cookies. New law […]
Compensation For GDPR Damages Only in The Event of Damage That Has Actually Occurred

Sep 30, 21 • Privacy Law • No Comments • Stefan Winheller

Any person in Germany who has suffered damage due to GDPR violations is entitled to claim damages against the responsible company. Hence, even minor violations face claims for damages from affected persons in addition to fine proceedings before the German supervisory […]
Do Companies in Germany Need to Report Ransomware Attacks?

Sep 30, 21 • Privacy Law • No Comments • Stefan Winheller

Companies in Germany are increasingly falling victim to ransomware attacks. Attackers use malware to restrict or altogether prevent access to company data in order to extort a ransom for the release of the data. Consequences of a ransomware attack for companies […]
EU Commission Adopts New GDPR Standard Contractual Clause

Jun 30, 21 • Privacy Law • No Comments • Stefan Winheller

With the new standard contractual clause, the EU Commission has introduced an important instrument for international data transfer. But what are the implications of this decision for controllers and processors in Germany? What is a standard contractual clause? Data transfer outside […]
No materiality threshold for damages under the GDPR?

Mar 31, 21 • Privacy Law • No Comments • Stefan Winheller

Damages as a sanction under the GDPR The General Data Protection Regulation (GDPR) empowers supervisory authorities to impose heavy fines. These fines can be much higher than before. This has been a concern for companies since the GDPR came into force. […]
Challenge in Data Protection: Data Transfer From the EU to the USA and Great Britain

Dec 22, 20 • Privacy Law • No Comments • Stefan Winheller

Companies within the European Union are faced with major challenges if they want to transfer personal data from the EU to the USA or the UK. A data transfer takes place, for example, when employee data is exchanged with subsidiaries based […]
Data Protection: Companies Must Appoint an EU Representative

Dec 14, 20 • Privacy Law • No Comments • Stefan Winheller

Since May 25, 2018, the EU General Data Protection Regulation (GDPR) requires, among other things, the appointment of an EU representative for businesses with customers within the European Union. The EU representative is to be responsible regarding the obligations resulting from […]
Cookie Permissions Must Be Actively Ticked in Germany

Jun 30, 20 • IT Law, Privacy Law • No Comments • Stefan Winheller

Nowadays, many websites use cookies to track user behavior or to display customized advertising. Anyone wishing to take advantage of the benefits associated with these cookies must obtain the users’ consent. In the opinion of the German Federal Court of Justice […]