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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: german data protection

Posted in International/EU Privacy

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into force in 2018. The Chronicle of Data Protection’s summary of the most relevant aspects of the draft bill can be found here. We turn now to a preliminary assessment and explanation of proposed bill, provided by German Data Protection and Freedom of Information Officer Dr. Stefan Brink, European Parliament member Jan Albrecht, and Hogan Lovells partner Tim Wybitul.

Posted in Consumer Privacy, International/EU Privacy

German Court: Missing, Wrong or Incomplete Privacy Policy Triggers Unfair Competition Claims

In a recent decision, the Higher Regional Court of Hamburg (Oberlandesgericht Hamburg) held that a privacy policy on a website which is not compliant with the legal requirements under data privacy law constitutes a breach of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – “UWG”) (decision dated 27 June 2013, case number 3 U 26/12). This decision may not only have consequences for German businesses but also for non-EU companies with German customers or subsidiaries in Germany.

Posted in International/EU Privacy

Germany: Parliament Appoints Hogan Lovells Lawyer as Expert for Public Hearing Regarding Whistleblower Jurisdiction and Data Protection

On March 5, 2012, the Committee of Labor and Social Affairs of the German Parliament (Deutscher Bundestag) held a hearing on a draft bill on whistleblowing. The draft bill contains extensive provisions protecting whistleblowers in German enterprise. The Committee has appointed Hogan Lovells lawyer Tim Wybitul as official expert for a hearing on whistleblowing provisions.

Posted in International/EU Privacy

German DPAs Issue Rules for Cloud Computing Use

The German data protection authorities on September 26, 2011 adopted an “Orientation guide – cloud computing.” The guide sets out mandatory and recommended content for any agreement between German users of cloud computing services and cloud computing serving providers. It highlights the customer’s responsibility for full compliance with German data protection requirements for the cloud. Based on this orientation guide, customers and providers will have to review existing agreements in the German market.