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

Dr. Christian Tinnefeld

Posts by Dr. Christian Tinnefeld
Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation Dr. Christian TinnefeldDr. Henrik Hanssen

GDPR Enforcement Update: Increasing Fines Expected from German DPAs | HL Chronicle of Data Protection

Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. Now that the dust of the immediate GDPR compliance rush is settling, the first details of fines imposed under the GDPR and the number of cases pending with Data Protection Authorities (DPAs) in Europe are being made … Continue Reading

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

Mobile Health in the EU (Part 2): Personal Data and Sensitive Information in mHealth Businesses

In our previous post we outlined the key issues regarding mHealth devices and services from a privacy law perspective. Now, we go further into the details and discuss the scope of the personal data involved, especially relating to sensitive health data. We introduce the relevant statutory requirements in the EU and the legal opinions of the Article 29 Working Party … 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, Entertainment & Content, Policy & Regulation Dr. Christian Tinnefeld

Copyright Levies in Germany – Settlement for Computers, Netbooks & Co.

After three years of legal dispute, the German computer manufacturing industry and the collecting societies agreed upon copyright levies for desktop computers, notebooks, netbooks and workstations by entering into a settlement agreement for the period of 1 January 2011 to 31 December 2016. Pending proceedings at the Higher District Court of Munich that were filed by a number of jointly … Continue Reading

Posted in Copyright, Licensing Dr. Christian Tinnefeld

Germany: Inspection of source code – Federal Supreme Court renders decision in favor of copyright holder

Copyright holders can request inspection of source code at the defendant’s premises by court experts if reasonable grounds indicate unlawful use of copyright protected software by the defendant. According to a recent decision of the Federal Court of Justice (“FCJ”), published mid-April, this also applies if the copyright holder only claims infringement of parts of his software and even if … Continue Reading

Posted in Defamation, Internet Dr. Christian Tinnefeld

Germany: Federal Court of Justice took a view on Google’s autocomplete function

In the decision of 14 May 2013 (Docket no. VI ZR 269/12) the Federal Court of Justice (“FCJ”) held that predictions in Google’s autocomplete function could lead to an infringement of personality rights and secondary liability of the search engine operator. FCJ lifted the prior decision of the Appellate Court of Cologne of 10 May 2012 (Docket no. 15 U Continue Reading

Posted in Defamation, Internet Dr. Christian Tinnefeld

German court denies personality right infringements by autocomplete suggestions

 Search engines on the internet and other platforms often use autocomplete functions to facilitate search function for internet users. Steered by software algorithm the autocomplete function allocates popular keywords linked to the search terms when an internet user keys in the search term or phrase he wants to look up. The Appellate Court of Cologne (Germany) ruled that such autocomplete … 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