A&L Goodbody (LexBlog Germany)

E-commerce operators not liable for trade mark infringement for mere storage of infringing goods
The Court of Justice of the European Union (CJEU) has made an important ruling for brand owners, online marketplaces and retailers alike, in finding that Amazon is not liable for unwittingly stocking trade mark infringing goods on behalf of third party sellers. Background The original case before the German courts concerned a claim for trade...
German data protection authorities issue fines in 75 cases for GDPR breaches
A recent survey of regional data protection authorities in Germany has revealed 75 cases of reported personal data breaches since the GDPR came into effect on 25 May 2018. As a result, German authorities have imposed punitive fines totalling €449,000. Germany differs from Ireland as the responsibility for monitoring and ensuring compliance with the GDPR...
CJEU rules suppliers of luxury brands can lawfully prohibit resale via third party internet platforms
The EU Court of Justice (CJEU) has ruled that a supplier of luxury goods can, by contract, prohibit its authorised distributors from selling those goods on third-party internet platforms such as Amazon. The CJEU held that such a prohibition is appropriate; does not in principle go beyond what is necessary to preserve the luxury image...
Germany postpones ratification of Unified Patent Court
The German Constitutional Court (Bundesverfassungsgericht) has delayed the ratification of the Unified Patent Court (UPC) Agreement. This is the result of a challenge to the UPC on constitutional grounds by a private individual who has not been named. The German newspaper Frankfurter Allgemeine Zeitung, reported on 12 June, that the Federal Constitutional Court has requested...
Free WiFi providers not liable for users’ copyright infringements
The CJEU has confirmed the AG’s Opinion, in McFadden v Sony Music Entertainment Germany (C-484/14), that operators of a free Wi-Fi service, who offer that service to the public, are not liable for copyright infringements committed by users of that network. However, such an operator may be required to password-protect its network in order to bring an end...
Potential light at the end of the wifi tunnel
Operators of free, open Wi-Fi...should perhaps consider linking the provision of the service to a separate fiscal activity.
WiFi providers not liable for copyright infringement by users
On 16 March 2016, the Advocate General (AG) delivered an Opinion, in McFadden v Sony Music Entertainment Germany GmbH Case-484/14, that a business offering free WiFi access to the public cannot be held liable for copyright infringement committed by a user of that WiFI. The decision confirms the applicability of the E-Commerce Directive, and the...
Territorial scope of Data Protection Directive under the microscope again
The Administrative Court of Hamburg recently overturned an order of the Hamburg Data Protection Authority (DPA) against Facebook. The Court held that Irish, not German, data protection law was applicable, despite the existence of an office of Facebook in Germany. The background A woman complained to the Hamburg DPA after Facebook blocked her account for...

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