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

Tag Archives: non-EU websites

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

New Article by Hogan Lovells Partner Examines Proposed EU Regulation

We are pleased to provide an English language translation of Paris Office Partner Winston Maxwell’s article examining the European Commission’s proposed regulation on data protection, focusing on the Commission’s choice of a regulation as opposed to a directive, and the new obligations that will be imposed on companies, including the accountability principle, privacy by design and the obligation to conduct privacy impact assessments (PIA) for certain kinds of processing. The article describes the proposed changes to the rules on applicable law, which are designed to bring certain non-European websites within the scope of European privacy rules, the proposed “right to be forgotten” and right to data portability.