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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Tag Archives: Germany

Posted in Data Protection & Privacy Dr. Wolf-Tassilo Böhm

New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany

According to the German Federal Labor Court, Germany’s highest court for employment disputes, German employers are not allowed to monitor employees in the workplace without a concrete suspicion of a criminal violation or, in some cases, a serious breach of duty (judgment dated July 27, 2017, case ref. 2 AZR 681/16). This means that employer monitoring of an employee’s computer … Continue Reading

Posted in Data Protection & Privacy Tim WybitulDr. Wolf-Tassilo Böhm

German Parliament Passes New Federal Data Protection Act

On 27 April 2017 the German Parliament passed an entirely new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The new BDSG replaces the old BDSG, which has been in force for the last 40 years. The new BDSG shall adapt the German law to the provisions of the EU General Data Protection Regulation (GDPR). The new … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

The Ever-Expanding Concept of Personal Data

The Court of Justice of the European Union (CJEU) has ruled that dynamic IP addresses are capable of constituting personal data under certain circumstances, ending years of speculation about whether such essential building blocks of the Internet qualified for protection under the EU Data Protection Directive.

In Patrick Breyer v Bundesrepublik Deutschland, the German Federal Court referred two questions … Continue Reading

Posted in Advertising, Policy & Regulation Anthonia Ghalamkarizadeh

Germany: First inroads against adblocking

Eyeo ordered on appeal to whitelist Axel Springer media for free on AdBlock Plus

German media house Axel Springer has won a first significant victory in the adblocking battle that has been keeping the digital advertising industry on its toes for over a year now.

Read up on the procedural history between German media houses and Eyeo GmbH, the company … Continue Reading

Posted in Data Protection & Privacy Eric ParocheFalk SchoeningMartin SuraChristoph WünschmannChristian Ritz

Big Data – Big Competition Issues? German and French antitrust regulators publish joint paper “Competition Law and Data”

Big data is no longer a term used only by the digital economy. Competition law agencies in Germany and France significantly ramp-up their enforcement tools in the light of technology-driven market changes. As regulators aim at being on par with market players dealing with big data, such companies need to carefully analyze whether the approach taken in the EU can … Continue Reading

Posted in Digital Single Market (EU), e-commerce Falk SchoeningChristian Ritz

DSM Watch: Can manufacturers prevent resale of goods via third-party online platforms using selective distribution agreements? Uncertainty remains in Germany following recent decision of the Higher Regional Court of Frankfurt

In its Communication on a Digital Single Market Strategy for Europe (DSM) of 6 May 2015, the European Commission committed to assess the role of online platforms. In this context, the Commission launched a sector inquiry into e-commerce (6 May 2015) in order to gather data on the functioning of e-commerce markets and to identify possible competition concerns. In addition, … Continue Reading

Posted in Advertising, e-commerce, Internet Anthonia Ghalamkarizadeh

Adblock Plus: Third German court rejects claims against Eyeo

On 29 September, the District Court of Cologne became the third court in Germany to issue a decision in relation to the trilogy of actions launched by large publishers against adblocking software Adblock Plus.

The court rejected publisher Axel Springer’s action against Eyeo GmbH, the German company behind AdBlock Plus. In doing so, the Cologne court agreed with the Continue Reading

Posted in Data Protection & Privacy Dr. Christian TinnefeldDr. Henrik Hanßen

Mobile Health in the EU (Part 1): Introduction to mHealth and Privacy Laws

Introduction to mobile Health and data protection laws

The mobile Health (mHealth) sector is rapidly developing and revolutionising the healthcare market. More and more consumers share information such as medical and physiological conditions, lifestyles, daily activity and geolocation via all kinds of health-related mobile applications and devices. The growing success of mHealth, however, inevitably casts a spotlight on compliance with … Continue Reading

Posted in Copyright, Internet, Telecoms & Broadband Eva Vonau

German Court asks CJEU: Are businesses that provide password-free WIFI liable for third party copyright infringements?

The German Regional Court of Munich (Decision No. 7 O 14719/12) has referred various questions to the CJEU seeking clarification on the liability of businesses that provide password-free WIFI access for copyright infringements carried out by their users.

In the case at hand a German shop owner that sold and let sound and light equipment for events provided a password-free … Continue Reading

Posted in Defamation, Entertainment & Content

Germany: Federal Court allows publication of photos of Princess Caroline’s daughter

How much protection against the media is an eleven-year-old child of a celebrity entitled to while participating in a sports competition? The German Federal Court of Justice (Bundesgerichtshof) answered this question recently (case reference VI ZR 125/12 of 28 May 2013):

At the age of eleven, Princess Alexandra, daughter of Princess Caroline of Hanover, had participated in a figure skating … Continue Reading

Posted in Copyright, Entertainment & Content Dr. Nils Rauer

Germany: No Copyright Infringement by Embedding Third Party Content in Frames

COURT OF APPEAL OF COLOGNE, DECISION OF 14 SEPTEMBER 2012, NO. 6 U 73/12, “CHERRY STONES”

The Court of Appeal of Cologne once again held that embedding content in a frame does not constitute copyright infringement. Thus, the legal situation in Germany regarding the liability for third party content in frames is still somewhat unclear.

The defendant granted on its … Continue Reading

Posted in Advertising, Data Protection & Privacy, Internet Dr. Christian Tinnefeld

Surrender! German Court Strengthens the Position of Data Principals in Insolvency Proceedings

In a recent decision, the Higher Regional Court of Düsseldorf held that data controllers may claim immediate surrender of customer data in the insolvency of marketing agencies and IT service providers in Germany under section 47 of the German Insolvency Statute (decision of 27 September 2012, file number: I-6 241/11; view a German text version of this decision). Final … Continue Reading