Administrative Fines: Corporate Liability under the GDPR
Following the decision of the European Court of Justice (ECJ) in Case C-807/21 (Deutsche Wohnen) on 5 December 2023, the Berlin Court
Bavarian DPA completes examination of CMPs implemented in websites and apps
According to the press release from the Bavarian State Office for Data Protection, apps and “cookie” banners have been scrutinized, with numerous websites being
Google Consent Mode v2
In summary, starting March, Google Consent Mode becomes mandatory for all Google Analytics users, necessitating the adoption of a Google-certified CMP (Consent
Italian DPA: ChatGPT (continues) to violate the GDPR
The Italian Data Protection Authority has concluded that ChatGPT remains in violation of European data protection regulations. This determination comes after an
German Whistleblowing Protection Act successfully implemented for several clients
Recently, we highlighted the implementation of the German Whistleblowing Protection Act, known as “HinSchG”, which came into force on 1 July 2023. According
Prerequisite and assessment of fines
On 5. December 2023 the Court holds in the cases C-807/21 and respectively C-683/21 (curia.europa.eu/juris/liste.jsf?language=de&td=ALL&num=C-807/21) that a data controller may not have an
Activities of credit reference agencies
On 7. December 2023 in the case C-634/21 (curia.europa.eu/juris/liste.jsf?language=de&td=ALL&num=C-634/21), the Court holds as regards ‘scoring’, that it must be regarded as an ‘automated individual decision’ prohibited
Fears can constitute immaterial damage – role of the TOM
The case to be decided on 14 December 2023 C-340/21 (curia.europa.eu/juris/documents.jsf?num=C-340/21) was based on a situation in which unauthorized access had been gained
Non-material damage is not subject to a de minimis threshold
The background to case C-456/22 (curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-456/22), which was decided on the same day, was that the agenda of a municipal council meeting,
Two-step test for the processing of special categories of personal data – three conditions for a claim for damages
The case to be decided on 21 December 2023 in Case C-667/21 (curia.europa.eu/juris/liste.jsf?language=en&td=ALL&num=C-667/21) was based on the data processing of a medical