Technology companies are grappling with unprecedented changes that promise to accelerate exponentially in the challenging period ahead. We invite you to join Covington experts and invited presenters from around the world to explore the key issues faced by businesses developing or deploying cutting-edge technologies. These highly concentrated sessions are packed
Continue Reading Covington’s Fifth Annual Technology Forum – Looking Ahead: New Legal Frontiers for the Tech Industry
Top Five EMEA Technology Trends to Watch in 2023
At the beginning of a new year, we are looking ahead to five key technology trends in the EMEA region that are likely to impact businesses in 2023.Continue Reading Top Five EMEA Technology Trends to Watch in 2023
Inside Privacy Audiocast: Episode 18 – Recent Developments in GDPR Enforcement
On Episode 18 of Covington’s Inside Privacy Audiocast, Dan Cooper, Moritz Hüsch, Kristof van Quathem, and Petros Vinis discuss GDPR enforcement, and the evolution of regulatory fines since the GDPR was enacted in 2018.
Covington’s Inside Privacy Audiocast offers insights into topical global privacy issues and
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EU Consumer Law Webinars
Consumer Law Developments
Over the past 5 years, the EU has launched several legislative initiatives aimed at revamping EU consumers protection laws. One such initiative was the “New Deal for Consumers” adopted by the European Commission on April 11, 2018. The New Deal for Consumers amends existing EU consumer legislation
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German Court Overturns GDPR Fine, Raises Legal Questions About Fines Against Companies
On February 18, 2021, the District Court of Berlin overturned a €14.5 million fine that had been imposed on German real estate company Deutsche Wohnen SE. The Court held that the fine – which was issued by the Berlin Supervisory Authority (“SA”) and had been the second highest fine in Germany so far under the EU General Data Protection Regulation (“GDPR”) – failed to satisfy certain rules under German law, and therefore was invalid.
This case raises important questions on the interplay between the GDPR and German law regarding the attribution of regulatory offenses to a company. In this blog post, we consider this topic in greater depth and how it may eventually be resolved in court.Continue Reading German Court Overturns GDPR Fine, Raises Legal Questions About Fines Against Companies
A New Day for GDPR Damages Claims in Germany?
Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low. This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify higher claims for non-material damages. Two recent cases decided by regional courts illustrate and confirm this prevailing stance. However, a more recent decision issued by the Federal Constitutional Court indicates that views in Germany may be evolving on this topic, and courts may soon be willing to entertain higher damages claims.
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German Supervisory Authorities Plan to Circulate Questionnaires on Personal Data Transfers in Wake of Schrems II Decision
On February 3, 2021, the Conference of the Supervisory Authorities (“SAs”) of Germany (known as the Datenschutzkonferenz or “DSK”) published minutes from its meetings held in November 2020 (available here, in German). The minutes include discussions about how the German SAs plan to enforce the recent Schrems II ruling of the Court of Justice of the European Union (“CJEU”). Notably, the Berlin SA (coordinator of the DSK’s Schrems II task force) sought consensus to ensure a joint enforcement approach.
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Germany Publishes New Draft Rules for Cookies and Similar Technologies
On January 12, 2021, the German Ministry for the Economy and Energy released a new draft Law on Data Protection and the Protection of Privacy in Telecommunications and Telemedia (“TTDSG” or “draft law”). If enacted, the draft law will replace the existing data protection and privacy provisions of Germany’s Telemedia Act and Telecommunications Act (“Telemedia Act”), including provisions applicable to the use of cookies and similar technologies. The draft text was subject to public consultation from its publication until January 22, 2021, and responses submitted during that period will now be considered by the German Federal Government in advance of a formal proposal for the Federal Parliament to consider.
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German Federal Government Passes Draft Law Amending Germany’s Information Technology Laws
On December 16, 2020, the German Federal Government passed a draft law that substantially amends some of Germany’s information technology laws (“IT laws”). These amendments aim to adapt the current legal framework to the increasing digitalization of products and services, the proliferation of IoT products, and the appearance of new cybersecurity threats. The draft law is expected to be enacted in the German Parliament in the first quarter of 2021.
Continue Reading German Federal Government Passes Draft Law Amending Germany’s Information Technology Laws
AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)
In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).
Continue Reading AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)