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Digitization / Industry 4.0 / Data Protection Law

The extensive, free available scripts on Internet Law and IT Law by Professor Hoeren (University of Münster) have been published in a new edition and are available for download.
The European Court of Justice reached its verdict on the eagerly awaited ruling on the question of the extent to which the use of cookies on websites requires the consent of website visitors (Case C-673/17).
The European Data Protection Supervisor, an independent supervisory authority of the European Union, developed a software tool (under EUPL-1.2 license) to enable website operators to analyse their own website with regard to the processing of personal data.
According to the Conference of Independent Data Protection Supervisory Authorities of the Federation and the Länder (DSK), it is currently working on a new concept for setting fines for violations of the GDPR in Germany.
With regard to the scope of the data protection law claim for information under the Basic Data Protection Regulation (DSGVO), the Regional Court of Cologne declared in a partial judgment of 18 March 2019 (Case No. 26 O 25/18) that the claim under Art. 15 DSGVO does not serve the simplified accounting of the data subject, but is intended to ensure that the data subject can assess the scope and content of the stored personal data.
The European Data Portal of the European Commission (in collaboration with a consortium) provides metadata of public sector information.
The European Court of Justice decided in its judgement of 29.07.2019 that operators of websites together with plug-in providers (here: Facebook, "Like Button") are so-called "Joint Controllers" within the meaning of Art. 26 DSGVO
At the end of June, the German Bundestag passed the so-called Data Protection Adjustment Act (Datenschutzanpassungsgesetz), which adapted a whole series of laws to the GDPR that came into force more than a year ago.
On 29 May 2019, the EU Commission published the guidelines for Regulation 2018/1807/EU. The aim of this regulation is to prevent national data localisation requirements and to create a single European data market as a supplement to the GDPR.
In cooperation with Noerr LLP, the legal department of the VDMA developed a comprehensive guide on data sovereignty in the field of mechanical engineering industry, which provides member companies with valuable information on contractual possibilities of data allocations.
DSK on the legal situation in the event of the United Kingdom's withdrawal from the European Union.
Time and again, companies within the machinery industry are faced with the question of how to deal with the protection of their IT systems: Whether in the company itself or in relation to products sold to the customer, the question in each case is what level of protection must be guaranteed.
The extensive, free scripts on Internet Law and IT Law by Professor Hoeren (University of Münster) have been published in a new edition and are available for download.
The German Federal Commissioner for Data Protection and Freedom of Information (BfDI) has pointed out that in the case of a hard Brexit, Great Britain becomes a third country under data protection law and has compiled some information on this subject.
At the end of 2018, the Austrian data protection authority had to decide whether a deletion request based on Art. 17 had been sufficiently implemented by the responsible party if the latter had not carried out a deletion in the narrower sense but had made parts of the personal data unrecognisable by anonymising them.
The GDPR, in force since 25 May 2018 presented the VDMA members, among others, with some far-reaching challenges: processes had to be reviewed and, if necessary, adapted to the new data protection regulations; data protection had to be placed on a more professional level in many cases.
For VDMA members, the question often arises as to whether and to what extent the GDPR applies, particularly in the case of subsidiaries in countries outside the EU.
The regulations of the Basic Data Protection Regulation (DSGVO) to be observed since 25.05.2018 have caused the members of the VDMA some effort in the implementation of the requirements.
The Regulation “concerning the respect for private life and the protection of personal data in electronic communications”, also known as the E-Privacy Regulation, is currently being discussed at European level.
RA Daniel van Geerenstein, LL.M.
RA Daniel van Geerenstein, LL.M.
Legal Counsel (Syndikusanwalt)

Deputy of Legal Services

Digitzation, Data Protection Law, Intellectual Property Law, Unfair Competition, Antitrust Law
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