von Jan

“Knowledge is power” and knowledge about potential prospects and customers is of enormous value. Data trading has therefore been a flourishing industry for years.

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von Jan

Data subjects must tick the boxes for data protection consents themselves – this is what the GDPR wants, and this is how the ECJ and BGH decided: If those responsible want to process data on the basis of consent in accordance with Art. 6 Para. 1 lit. a GDPR, the checkboxes must be ticked be set by those affected themselves. Actually, it has been clear for a long time that the pre-filling of the checkboxes does not constitute consent by the person concerned, which meets the requirements of Art. 4 No. 11 GDPR.

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von Jan

The data processing operations, which are becoming more and more complex as a result of globalization, are a challenge for many companies, not least in terms of data protection law. The fact that data processing does not take place centrally, but often takes place internationally scattered in a transmission chain, requires a close look at the possibilities for legitimation. It is therefore necessary to take a closer look at the new standard contractual clauses and what options they offer. In the following article, the topic of the so-called onward transfer of personal data between processors outside the EU is to be examined. In contrast to transmission, further transmission means the transfer of data from one processor to another processor.

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von Jan

In modern companies it is almost inconceivable to handle business processes without the support of software. So it’s hardly surprising that new software is constantly coming onto the market. In addition, existing systems must be continuously adapted to the increasingly complex business processes.

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von Jan

The Bavarian State Office for Data Protection Supervision (BayLDA) presented its tenth activity report for 2020 in July 2021. The activity report is drawn up on the basis of Art. 59 GDPR and provides information on the priorities and working conditions of the BayLDA as well as the data protection assessment of various case constellations.

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von Jan

Noyb announced that it had filed official complaints with the relevant data protection supervisory authorities against 422 companies because of their cookie banners. Noyb stands for “None of your business” and is an association that is committed to enforcing data protection. One of the founding members of the association is the well-known data protection activist Max Schrems. This became known, among other things, through the proceedings he initiated, which led to the groundbreaking decisions of the ECJ that overturned both Safe Harbor and the EU-US Privacy Shield.

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von Jan

The Luxembourg National Data Protection Commission (CNPD) imposed a record fine of 746 million euros on Amazon Europe Core S.à r.l. based in Luxembourg. This emerges from the quarterly report of AMAZON.COM, Inc. dated June 30, 2021.

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von Nadja-Maria

Position of the data protection officer

Articles 38 and 39 of the General Data Protection Regulation provide legal guidelines for the cooperation between the controller and the data protection officer. In practice, there are some differences between the appointment of an internal and an external data protection officer. However, the following points in particular are mandatory in all cases:

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von Ramona

Video surveillance is used by many companies. This has, for example, economic reasons, as video surveillance is more cost-efficient than a guard service. At the same time, companies have to deal with the permissibility of the video surveillance used. Within the scope of our activities, as external data protection officers, we support companies in all data protection issues. This also includes the topic of “video surveillance and data protection”. In this blog post, we explain which requirements must be met in order to operate a video surveillance system in compliance with data protection law.

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von Nadja-Maria

It happens in the best companies that employees are suspected of misconduct. This becomes particularly relevant as soon as there is a suspicion of a criminal offense or other serious misconduct in the employment relationship.

There is then no doubt that the company has a justifiable interest in clarifying the suspicion internally and, if the suspicion is substantiated, also in initiating appropriate (labor law) measures.

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