Thomas Fischl

Thomas Fischl

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Ofcom Releases Statement on Spectrum for the ‘Internet of Things’

Last year, we reported on Ofcom’s Statement on ‘Promoting investment and innovation in the Internet of Things (IoT)’ (Statement). IoT refers to the exponentially growing network of products that are capable of communicating...more

4/29/2016 - Data Protection Internet of Things Licenses M2M OFCOM Personal Data Spectrum UK

Privacy policy required for contact forms on websites? German Courts in disagreement

Over the last years, a number of German Courts had to decide whether the operator of a website that contains a contact form for the website’s visitors shall be obliged to provide visitors a privacy policy that informs the...more

4/28/2016 - Data Collection EU EU Data Protection Laws Germany Injunctive Relief Personal Data Privacy Policy Unfair Competition Websites

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

3/22/2016 - Data Protection Authority Department of Transportation (DOT) EU EU-US Privacy Shield European Commission FTC International Data Transfers Notice Requirements Opt-Outs Personal Data U.S. Commerce Department US-EU Safe Harbor Framework

Passage of the U.S. Redress Act Raises Confidence in Privacy Protection for Transatlantic Data Flows

The U.S. Judicial Redress Act has been signed into law by President Obama. The move marks an important step in data transfer relations between the EU and the United States, gives the green light to the EU-U.S. law enforcement...more

3/3/2016 - EU EU Data Protection Laws EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Law Enforcement Schrems v Data Protection Commissioner Umbrella Agreement

German Federal Supreme Court specifies monitoring duties of online rating portals

In a Judgment dated 1 March 2016, case no. VI ZR 34/15, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) specified the scope of monitoring duties of an online rating portal for medical professionals in...more

3/3/2016 - Anonymity Breach of Duty Dentists German Supreme Court Germany Injunctive Relief Online Reputation Online Reviews Personal Data

The CNIL sets expectations as to the ‘EU-U.S. Privacy Shield’ and starts implementing enforcement measures in case of Safe Harbor...

Further to the EU Commission press release on the “EU-U.S. Privacy Shield” and the Article 29 Working Party (WP29) statement illustrating that more discussions on the new arrangement are to come, the French CNIL (a) issued a...more

2/12/2016 - Article 29 Working Party (WP29) Binding Corporate Rules CNIL Enforcement Actions EU EU-US Privacy Shield Facebook France International Data Transfers Standard Contractual Clauses US-EU Safe Harbor Framework

If Safe Harbor is dead in the water, what does that mean for you?

The invalidation of the EU-U.S. Safe Harbor framework in October 2015 has created uncertainty for businesses that were reliant on the regime to transfer data to the United States, and has caused political shockwaves on both...more

1/25/2016 - Article 29 Working Party (WP29) EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Popular Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Germany to expand consumer associations’ right to sue companies for breach of data protection laws

On 17 December 2015, the German Parliament (Deutscher Bundestag) passed a bill on the improvement of enforcement of data protection provisions protecting consumers (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen...more

12/23/2015 - Class Action Consumer Contracts Data Protection Germany Pending Legislation Personal Data US-EU Safe Harbor Framework

The French CNIL officially requires the use of EU Model Clauses as a quick fix for businesses impacted by the recent Safe Harbor...

On 19 November, the Commission nationale de l’informatique et des libertés (CNIL) published an article entitled ‘Safe Harbor: What should businesses do?’ and associated FAQs aimed at businesses impacted by the Court of...more

12/1/2015 - Article 29 Working Party (WP29) Binding Corporate Rules CNIL EU European Court of Justice (ECJ) France International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?...

On 6 November, the European Commission released a Communication on the implications of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v Data Protection Commissioner (Case C-362/14)....more

11/11/2015 - Binding Corporate Rules EU European Commission International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

The Article 29 Working Party releases statement on Safe Harbor

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

10/20/2015 - Article 29 Working Group Binding Corporate Rules CNIL Data Privacy Data Protection Authority Data Security Enforcement Actions EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Personal Data Sanctions SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

The Safe Harbor Ruling – FAQs and What Your Business Should Do Now

Overview questions - 1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which...more

10/15/2015 - Binding Corporate Rules Cloud Computing CNIL Data Collection Data Controller Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) ICO Informed Consent International Data Transfers Personal Data SCC Supply Chain UK US-EU Safe Harbor Framework

Customer Data in Corporate Sales - A Privacy Issue: German Privacy Watchdog Fines Seller and Purchaser for Personal Data Transfer

In a press release on 30 July 2015, the Bavarian data protection authority (DPA) announced that it had recently fined both seller and purchaser for unlawfully transferring customer data as part of an asset...more

8/14/2015 - Buyers Criminal Penalties Customer Lists Data Protection Data Protection Authority EU EU Data Protection Laws Germany Insolvency International Data Transfers Personal Data Popular Privacy Concerns Sale of Assets Sellers

German Data Protection Commissioners Take Action Against Safe Harbor

At the Data Protection Conference in Berlin, the Berlin and Hamburg Data Protection Commissioners (Commissioners) made a number of important announcements regarding the ‘inadequacy’ of the EU/U.S. Safe Harbor Program. ...more

2/20/2015 - Cybersecurity Data Protection EU Germany Safe Harbors

IP/IT & Media Newsletter - Issue 1/2014

In this issue: - Apps and Data Privacy – New Guidelines from the German DPAs New Developments in Cybersecurity Regulation - Refer-a-Friend Functionality on the Internet – Federal Court underpins its...more

8/7/2014 - Data Protection EU EU Data Protection Laws European Court of Justice (ECJ) Mobile Apps Patent Litigation Patents

IP/IT & Media Newsletter - December 2013

In this issue: - Advocate General Believes the Data Retention Directive to be Inconsistent with the EU Charter of Fundamental Rights - Cookies – Guidance on “How To” From the Article 29 Working Party - Is the...more

12/19/2013

IP/IT & Media Newsletter - July 2013

In this issue: - Data Protection ‘Around the World’ - New Neighbouring Right for Press Publishers under German Copyright Law – from 1 August 2013 - German Federal Supreme Court decides on Internet Video...more

7/25/2013 - Copyright Cybersecurity Data Breach Data Protection Online Videos Publishers Trademarks Wordmarks

IP/IT & Media Newsletter - Issue 1/2013

In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another...more

3/25/2013 - Cloud Computing Cookies Copyright Data Protection Digital Sampling EU European Court of Justice (ECJ) Infringement Keyword Advertising Music Industry Trade Dress Trademarks

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