Reed Smith LLP (LexBlog Germany)

The Summer 2022 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: More on Google Analytics and GDPR in Europe Checklist for data processing agreements from German supervisory authorities CJEU: Scope of special category personal...

As of 1 August 2022, employers in Germany must provide employees with additional information on the terms and conditions of employment. In case of non-compliance, there is a risk of administrative fines of up to EUR 2,000 per violation. In June 2022, the German government passed changes to the Notification Act that will enter into force...

Introduction and Overview The year 2022 is one of major changes to consumer protection laws in Germany and the EU, namely: Changes in connection with digital products and corresponding new provisions for the sale of consumer goods took effect on 1 January 2022 (see our earlier Reed Smith Client Alert Part I). New consumer protection...

The Winter 2022 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition, we cover the following topics: International data transfers: country assessments for United States, China, India and Russia to assist with data transfer impact assessments Data protection authorities: cookie...

In a recent decision of December 19, 2021, case no. 1 BvR 1073/20 (published with an official press release dated February 2, 2022), the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) set aside several judgments of the Berlin civil courts. The Berlin civil courts had denied the plaintiff, who alleges she was exposed to hate...

In a recent decision of December 19, 2021, case no. 1 BvR 1073/20 (published with an official press release dated February 2, 2022), the German Federal Constitutional Court (Bundesverfassungsgericht – BVerfG) set aside several judgments of the Berlin civil courts. The Berlin civil courts had denied the plaintiff, who alleges she was exposed to hate...

The Summer 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Update on international data transfers State Labour Court of Baden-Württemberg: No claim for damages for transferring personal data to the United States on...

After Germany became the last EU member state to transpose Article 5(3) of the Directive 2002/58/EC, amended by Directive 2009/136/EC (ePrivacy Directive) into national law, the use of cookies in the EU must meet one of the following requirements: The user’s consent, or The cookie must be strictly necessary in order to provide the service...

Germany recently passed a reform bill for the Patent Act (PatG) and its new provisions will likely be coming into force sooner rather than later. The reform is particularly relevant for companies from the life sciences sector, which often litigate in this pro-patentee jurisdiction. The modifications to PatG address: Confidentiality concerns. New section 145a PatG...

Germany is among the world’s leading patent jurisdictions. However, several years after the implementation of the EU Enforcement Directive, the government felt that the Patents Act (PatG) needed updating. Following lengthy consultations and many changes, the reform bill passed the German federal parliament (Bundestag) very early this morning (June 11, 2021). The second chamber of...

The Spring 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: New cookie rules in Germany will apply as of December 1, 2021 German data protection authorities conduct coordinated audits on international data transfers...

The German Federal Cabinet adopted the Telecommunications and Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutzgesetz – TTDSG, available here) on February 10, 2021. The TTDSG, among other things, provides new rules on cookies and similar technologies (Cookies), introducing only two categories of Cookies: (1) strictly necessary Cookies and (2) consent-based Cookies. The legal

Tenancy agreements are determined by the landlord handing over the rented property to the tenant – and the tenant paying rent for it. If the tenant is in arrears with the equivalent to at least 2 months’ rent, the landlord is entitled to terminate the tenancy (section 543 para. 2 no. 3 of the German...

The Winter 2021 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Strengthening fair competition – changes to the law against unfair competition Cologne Regional Court on the broad concept of the right to access...

The Fall 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: 1. Data transfers following Schrems II 2. German Supreme Court: Relationship between the GDPR and the German Act on the Protection of Copyrights...

The Interstate Treaty on Media (Medienstaatsvertrag – MStV) has finally been ratified by all 16 German federal states and can now enter into force. On 28 October 2020, the Parliament of Mecklenburg-Vorpommern – the last German federal state to ratify the MStV – adopted the Act ratifying the MStV. Ratification of the MStV by all...

The COVID-19 pandemic has hit the brand ambassador and influencer industry in different ways. Social media engagement is up. Screen times have increased. Advertising campaigns of brand ambassadors for organizations and influencers might have been adjusted. Self-quarantining audiences have different demands. With the strong trust from their followers, influencers on social media channels such as...

The Summer 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Access rights vs. data backup Cookie update: Planet49 and cookie walls Double opt-in required under GDPR Update on influencer advertisement German Supreme Court:...

On April 1, 2020, Germany’s federal government published a new draft bill to amend the German Hate Speech Act (Netzwerkdurchsetzungsgesetz – “NetzDG”; see also our earlier blog of October 2, 2017). The draft bill (“Bill”) is available in German here. The Bill will introduce a number of improvements for users of social networks. It will...

Global life sciences companies have been carefully watching the European effort to launch a Unified Patent Court (UPC). As we discussed in a previous post, the UPC would have a profound effect on how life sciences companies set about their patent strategies – from filing through exploitation to enforcement. Efforts to implement the UPC, however,...

European countries have pursued the project of creating a Unitary Patent and a Unified Patent Court (UPC), since the early seventies. Success seemed within reach in 2013 when the international Agreement on a Unified Patent Court (UPCA) was concluded and subsequently ratified by several states. However, in 2017 the project came to a grinding halt...

The current outbreak of coronavirus disease (COVID-19) is causing the world to struggle. It is clear that coronavirus is a threat to all human beings. It has also become clear that coronavirus is a threat to the health of the world economy and businesses. On March 11, 2020 the World Health Organization (WHO) characterized the...

On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation or other...

The Winter 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: ECJ decision on the use of cookies (“Planet49”) does not provide clarity ECJ: Global take-down duties of hosting providers ECJ on the territorial...

Under German law, the (mostly mandatory) provisions of the German Federal Vacation Act (Bundesurlaubsgesetz – BUrlG) constitute the basic legal framework for vacation entitlements. The Federal Vacation Act itself has not been changed for years. However, there are still a number of unanswered questions and controversial debates regarding vacation claims in Germany. In 2019, the...

After a month of rumors, uncertainty, and German data protection authorities being nontransparent, the German conference of data protection authorities (Datenschutzkonferenz, DSK) published the concept for calculating administrative fines for data protection violations (Concept, available here) on October 16, 2019. The Concept sets out a standardized approach regarding the calculation of...

On 9 September 2019, the German Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung – BMZ) introduced a new, state-regulated environmental label for “Green Button” (Grüner Knopf) certified textiles with a press release, available here. The BMZ also launched the official Green Button website, which is available in German at.

On 9 September 2019, the German Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung – BMZ) introduced a new, state-regulated environmental label for “Green Button” (Grüner Knopf) certified textiles with a press release, available here. The BMZ also launched the official Green Button website, which is available in German at

The Summer 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: ECJ and GDPR: Another decision hitting social media activities by companies EDPB does not opt for changes to EU standard contractual clauses EU...

In its response dated 3 July 2019 (Response; file no. 19/11351, available in German here) to an inquiry by members of the German parliament (Inquiry), the German government took stand on the current draft Regulation on Privacy and Electronic Communications (ePrivacy Regulation), and particularly on “tracking”. The German government summarises its assessment of the ePrivacy...