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Germany Data Protection International Data Transfers

Orrick, Herrington & Sutcliffe LLP

German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

Morgan Lewis

German Data Protection Authorities on Asset Deals: Restrictions on Data Transfers Under GDPR

Morgan Lewis on

The German Data Protection Conference (DSK) on September 11, 2024 published guidance on asset deals (the Guidelines) that distinguishes between various stages of a sale process and the relevant personal data that can be...more

A&O Shearman

Germany – Schrems II: German court overturns presumption of international data transfer from EU-subsidiary to non-EU parent...

A&O Shearman on

On 13 July 2022, the Public Procurement Chamber of the German state of Baden-Württemberg (the Public Procurement Chamber) issued a decision confirming that personal data processed by an EU subsidiary of a parent entity...more

Hogan Lovells

Bundeskabinett beschließt Cybersicherheitsstrategie 2021

Hogan Lovells on

Das Bundeskabinett hat am 8. September 2021 die vom Bundesministerium des Inneren, für Bau und Heimat (BMI) vorgelegte neue Cybersicherheitsstrategie 2021 beschlossen. Die neue Cybersicherheitsstrategie wird die deutsche...more

Hogan Lovells

German Federal Cabinet adopts strategy for cybersecurity 2021

Hogan Lovells on

On 8 September 2021, the Federal Cabinet adopted the new strategy for cybersecurity 2021 presented by the Federal Ministry of the Interior, Building and Community (Bundesministerium des Inneren, für Bau und Heimat, BMI). The...more

Hogan Lovells

International data transfers under scrutiny: German DPAs launch joint multi-state audits

Hogan Lovells on

At the beginning of the year, the German data protection authorities (DPAs) announced that they would take joint action to enforce the decision of the European Court of Justice (ECJ) in the "Schrems II" case. On June 1,...more

Hogan Lovells

German court drastically reduces GDPR fine

Hogan Lovells on

Germany has seen a couple of record GDPR fines since the German Data Protection Authorities (DPA) issued their guidance paper on how to measure GDPR fines in October 2019. One of these DPA sanctions was recently subject to...more

Hogan Lovells

Germany: New case-law on immaterial damages for GDPR infringements

Hogan Lovells on

When it comes to infringements of the EU General Data Protection Regulation (GDPR), the first thing that comes to mind are proceedings and fines imposed by the data protection authorities. It is often neglected that GDPR...more

Carlton Fields

Guidance Released From German Data Protection Authority: Time to Review EU Data Transfer Mechanisms

Carlton Fields on

In the wake of Schrems II, the July 16, 2020, decision from the European Court of Justice that invalidated the EU-U.S. Privacy Shield as a legal means of data transfer between the European Union and the United States,...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver...

There is a lot currently happening in the European Union. From the latest European Court opinions with respect to merger clearance, dominance violations, data protection and state aid to Brexit, we’re checking in with our...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Germany Publishes Guidance Regarding Fines for GDPR Violations

When the General Data Protection Regulation (GDPR) was introduced, one of the central topics in the media was the possibility of large fines for data protection violations. Art. 83 of GDPR set benchmarks with a maximum fine...more

Orrick, Herrington & Sutcliffe LLP

Guidance from E.U. Supervisory Authorities on Data Processing in a Time of COVID-19

The European Data Protection Board (EDPB) and a number of European data protection supervisory authorities have recently issued guidance on processing personal data, including special categories of personal data (i.e., health...more

Orrick, Herrington & Sutcliffe LLP

A Survival Guide for GDPR Enforcement Actions from a German Perspective – How to Assess and Mitigate Fines for GDPR Violations

Since the first enforcement actions have been initiated, some with significant fines, many companies may find themselves somewhat at a loss as they may not fully know how to assess the risks involved and how to react should...more

Hogan Lovells

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

Hogan Lovells on

Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. ...more

Hogan Lovells

GDPR Enforcement Update: Increasing Fines Expected from German DPAs

Hogan Lovells on

Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. ...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 16

Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Orrick, Herrington & Sutcliffe LLP

Go West: Venture Financings and Expansion Projects in the United States

At $15 billion, venture capital and private equity investment flow from the United States into Germany in Q1 2017 is already triple the levels of the prior two years. As the U.S. and German tech ecosystems become more closely...more

Proskauer on Privacy

GDPR Compliance Update: Which Government Authorities Have Issued Official GDPR Guidance?

Proskauer on Privacy on

This post provides an update as to the current status of official GDPR-related guidance. With a little under a year remaining until the European Union’s General Data Protection Regulation (GDPR) becomes enforceable, companies...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Hogan Lovells

Interview with Jan Albrecht, Dr. Stefan Brink and Tim Wybitul on the New German Data Protection Bill

Hogan Lovells on

On 1 February 2017, the German federal cabinet adopted a draft data protection bill. The planned implementation statute aims to supplement and further define the EU General Data Protection Regulation, which will come into...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - September 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more

Latham & Watkins LLP

German Data Protection Authorities: Hope for Model Contracts?

Latham & Watkins LLP on

An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...more

McDermott Will & Emery

The German Perspective: EU and U.S. Data Protection “Umbrella Agreement”

McDermott Will & Emery on

After over four years of negotiations, the European Union and the United States have agreed on a framework data protection agreement on 8 September 2015 (Umbrella Agreement). The Umbrella Agreement covers all personal data...more

Orrick, Herrington & Sutcliffe LLP

Fines Issued for Transfer of Customer Data in an M&A Asset Deal

Recent enforcement actions by the Bavarian Data Protection Authority (DPA) [Bayerisches Landesamt für Datenschutzaufsicht] highlight the importance of severe restrictions placed on the transfer of such data, even in the...more

Orrick, Herrington & Sutcliffe LLP

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

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