Archiv für die Kategorie ‘Privacy Law’

Compensation For GDPR Damages Only in The Event of Damage That Has Actually Occurred

Sep 30, 21 • Privacy Law • No Comments • Patricia Jechel

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 • Olga Stepanova

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 • Olga Stepanova

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 • Patricia Jechel

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 • Olga Stepanova

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 • Olga Stepanova

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 • Olga Stepanova

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 […]
Companies May Issue Warnings of GDPR Violations in Germany

Jun 3, 20 • Privacy Law • No Comments • Olga Stepanova

Since the entry into force of the General Data Protection Regulation (GDPR), there has been a debate on whether it is possible to issue warnings for GDPR violations under the Unfair Competition Act (UWG). The Stuttgart Higher Regional Court has now […]
Coronavirus and Data Protection: What Do German Companies Have to Consider Regarding Employees, Customers and Home Office?

Apr 7, 20 • Privacy Law • No Comments • Olga Stepanova

The pandemic is prompting German federal and state governments to take increasingly drastic measures in order to contain Covid-19. Many employers are wondering what kind of measures they themselves can take to prevent spreading within their own company. Which data are […]
Request for Information in Germany: This is How Companies Can Identify Data Subjects

Mar 29, 19 • Privacy Law • No Comments • Olga Stepanova

Since the General Data Protection Regulation entered into force, data subjects have a right to obtain information from companies about which of their personal data are being processed by a company. Individuals, who wish to exercise their right of access can […]