Fox Rothschild LLP (LexBlog Germany)

20 results for Fox Rothschild LLP (LexBlog Germany)

  • Beware the Motive Behind a Data Access Request

    If you are filing a data access request and it is clear that the intention is something other than finding out whether the processing of the data was lawful, the controller can refuse your request, according to the Higher Court of Nuremberg in Germany. The court ruled that the data subject was obviously not interested...

  • Supreme Court Grants Win to Victims of Nazi Art Theft

    In a unanimous decision, the US Supreme Court has brought to a close an 83-year quest by the family of Jewish refugees from Nazi Germany to recover a stolen painting. Lilly Cassirer was a member of the family of a prominent German-Jewish art dealer. She inherited a painting entitled Rue Saint-Honoré in the Afternoon, Effect...

  • Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.

    A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer organization EuGD Europäische Gesellschaft für Datenschutz mbH, € 2,500 in damages for non-material damage because he was...

  • Where Does GDPR Stand and Where Is It Headed?

    Here are a few takeaways from what I said this week at the InfoGov World Expo virtual auditorium. Is it still “early days for GDPR?” Not if you ask Germany, France’s Commission Nationale de l’Informatique et des Libertés (CNIL), Spain’s Agencia Española de Protección de Datos (AEPD), Denmark’s Datatilsynet and other DPAs who have been...

  • German Federal Government Advances Effort to Regulate Autonomous Vehicles

    “Germany will become a world leader in autonomous driving. We are setting the pace for this: With our new law, we are becoming an international pioneer and putting an end to cumbersome individual permits,” says German Federal Transport Minister Andreas Scheuer. The proposed regulation, still requiring approval by the Bundestag and the Bundesrat, contemplates regulation...

  • German DPA Offers Guidance on Post-Schrems II Data Transfers

    The Data Protection Authority of Rhineland-Palatinate, Germany has issued FAQs on Schrems II, weighing in on the EU-U.S. Privacy Shield and Standard Contractual Clauses. The guidance comes on the heels of FAQs issued recently by Baden-Wuerttemberg’s DPA. Here’s what the Rhineland-Palatinate authority says about EU-U.S. Privacy Shield: Privacy Shield The EU-U.S. Privacy Shield can no longer be...

  • Protecting Data from Autonomous Vehicle Training: Guidance from the Lower Saxony DPA

    The Data Protection Authority of Lower Saxony, Germany, has offered guidance on protecting data collected in the course of autonomous vehicle training. Training recordings may be processing of personal data if the pictures include faces or license plates which are recognizable. In order to effectively train the autonomous vehicle systems you need to collect training...

  • Data Protection Authorities in Germany Target Media Websites

    Data Protection Authorities in the German states of Lower Saxony, North Rhine-Westphalia, Hesse, Hamburg and Brandenburg have launched a large scale inquiry against media websites to examine the use of tracking techniques and specifically whether the cookie banners they apply on their respective websites meet the requirements for a voluntary and informed consent of the...

  • Regional German Data Protection Authority Advocates for Contact Tracing Protections

    The Data Protection Authority for the Rhineland-Palatinate in Germany suggests there is a need for legislation limiting the use of contact tracing data. Anyone sitting in the beer garden should not later be questioned by the police with respect to an administrative offense or minor damage to property based on the fact that their name...

  • German DPA Weighs in on the Schrems II Privacy Shield Decision

    Germany’s  Datenschutzkonferenz (DSK) issues its guidance on Shrems II: The transfer of personal data to the United States based on Privacy Shield is not permitted and must be discontinued immediately. Standard contractual clauses can continue to be used, but, depending on the result of the assessment of the data exporter, additional measures may be required....

  • EU Member States Submit Comments on GDPR Enforcement

    In preparation for the first Article 97 evaluation and review of the General Data Privacy Regulation (GDPR), member states have submitted comments, reports Muge Fazliogu of the International Association of Privacy Professionals (IAPP) Key points: Businesses and government agencies feel overwhelmed, uncertain and confused. (Germany) Recommend to publish real cases of best practices, as well...

  • German Court Rules Sweepstakes Participation Conditioned On Receiving Ads Amounts to Consent Under GDPR

    If you condition participation in a sweepstakes on receiving advertising on a particular topic from the provider of the sweepstakes or from other third parties — this is still valid consent under GDPR, says the Higher Regional Court of Frankfurt, Germany. Key takeaways: Requiring consent to marketing as a condition to participation in a sweepstakes does...

  • German Court: Internal Recorded Statements and Notes Are Personal Data and Must Be Disclosed

    The Higher Regional Court of Cologne Germany has held that internal recorded statements, conversation notes or telephone notes constitute personal data and copies of them must be disclosed in response to a data access request. The court also held that: The information is not a trade secret since claims made by the plaintiff against his...

  • GDPR: European Data Protection Authorities Inundated With Complaints and Breach Notifications

    The EU General Data Protection Regulation (GDPR) did NOT make all processing of personal data unlawful, though it seems than many think this, says Michael Kaiser, data protection officer at the Hesse Data Protection Authority in Germany. Per Kaiser, said the DPA has been inundated with complaints and breach notifications — up 1,200 percent since...

  • Hessian DPA Fines Shipping Company For Missing Data Processing Agreement

    Does your company have a processing agreement with each service provider that handles personal information for you as required by the EU General Data Protection Regulation (GDPR)? If you don’t, it may cost you 5,000 EUR per missing agreement – says the data protection authority of Hesse, Germany. Following a complaint to the data protection...

  • E.U. Financial Leaders Respond to the Proposed U.S. Tax Plan

    Some of the most important trade partners of the U.S. are raising concerns about the proposed U.S. plan to overhaul its tax code. The finance ministers of Europe’s five largest economies voiced concerns about the tax plan in a letter sent to Treasury Secretary Steven Mnuchin on Monday, December 11, 2017. The letter was signed...

  • Germany Extends Funding For Another Year To Establish Provenance Of Looted Art From Nazi Era

    The New York Times recently reported that Germany will fund an additional year of research to establish the provenance of art works from the vast collection of the late Cornelius Gurlitt.  Gurlitt was a reclusive Munich art collector who had amassed a collection of 1,500 art works acquired by his father who was a dealer...

  • German Privacy Authorities Invalidate Safe Harbor Alternatives

    Privacy officials in Germany penned a position paper arguing that standard contract language and binding corporate rules do not adequately provide data protections necessary for legal U.S.-EU data flows. These two data transfer alternatives to Safe Harbor are not viable. The German data protection authority (DPA) recommended a path of informed consent. U.S. companies should...

  • Boston’s Art Detective

    Victoria Reed, curator of provenance at the Museum of Fine Arts Boston, researches potential acquisitions with questionable histories.  In her position, the Museum of Fine Arts asks Ms. Reed to attend to provenance issues by investigating liens on title before the Museum acquires works.  Recently, her research, which traced a 17th century gold medallion to a museum in Gotha, Germany,...

  • EXTREME DIVORCE: HOW TO GET 1/2 OF THE HOUSE

    Last week I posted an article on 12 things to think about before you separate.  Here’s a “what not to do in a divorce”  story. A husband in Germany, who was unable to reach an agreement with his wife as to who was to retain their summer house, got out his ruler, measured the house,...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT