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Germany Personal Data Data Privacy

Hogan Lovells

AI systems: German DPAs issue guidance on technical and organizational measures

Hogan Lovells on

On 17 June 2025, the German data protection authorities issued substantially revised guidance on technical and organizational measures for the development and operation of AI systems. Aimed at manufacturers and developers,...more

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

DLA Piper

Germany: Works Agreements Cannot Legitimate Inadmissible Data Processing.

DLA Piper on

If employers and works councils agree on ‘more specific rules’ in a works agreement regarding the processing of employees’ personal data in the employment context (Art. 88 (1) GDPR), these must take into account the general...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

DLA Piper on

Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Spirit Legal

Tesla-Fahrzeuge sind wie Elefanten - umweltfreundlich und mit einem langen Daten-Gedächtnis ausgestattet

Spirit Legal on

Zusammenfassung des Gutenachtens über die Datenverarbeitung und den Datenschutz bei Tesla Fahrzeugen vom 19.10.2020 - „Tesla-Fahrzeuge sind dauernd aktive Datenschleudern mit Langzeitgedächtnis.“ (Weichert, Gutachten über...more

Spirit Legal

They might be seen as green, but Teslas are like elephants – they never forget

Spirit Legal on

Summary of expert opinion on data processing and data protection in Tesla vehicles of 19 October 2020 - “Teslas continuously gush data and have a long memory” (translation of Weichert, Gutachten über Datenverarbeitung und...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

Latham & Watkins LLP

GDPR and COVID-19: What Companies Need to Know About Data Privacy

Latham & Watkins LLP on

Effective measures to combat data risks resulting from COVID-19 include processing personal data, but companies must balance privacy rights and employee health. German data protection authorities have published initial...more

Latham & Watkins LLP

COVID-19: What Companies Need to Know About Data Privacy

Latham & Watkins LLP on

Effective measures to combat data risks resulting from COVID-19 include processing personal data, but companies must balance privacy rights and employee health. German data protection authorities have published initial...more

Alston & Bird

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Hogan Lovells

Germany Publishes English Version of its National GDPR Implementation Act

Hogan Lovells on

The German Ministry of Interior affairs has published an English translation of the new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). On 27 April 2017 the German Parliament passed the BDSG in order to make use...more

Snell & Wilmer

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

Snell & Wilmer on

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

Mintz - Privacy & Cybersecurity Viewpoints

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

Orrick, Herrington & Sutcliffe LLP

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

Proskauer - Privacy & Cybersecurity

German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers

Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model...more

Proskauer - Privacy & Cybersecurity

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S., and...

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

Seyfarth Shaw LLP

No Safe Harbour? Immediate Implications for Employers

Seyfarth Shaw LLP on

A landmark decision of the European Court of Justice (ECJ) has held that companies may no longer rely on “Safe Harbour” to justify transferring personal data from the European Union to the US, because the US Government has a...more

Proskauer - Privacy & Cybersecurity

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

McDermott Will & Emery

Employee consent to use of personal data reliable under German law

McDermott Will & Emery on

The German Federal Labor Court (Bundesarbeitsgericht (BAG)) has published the reasons for its two decisions about whether an employee can revoke consent given to his or her employer for public use of the employee’s image in...more

Goodwin

Court Invalidates US-EU Data Transfer Safe Harbor Program

Goodwin on

The European Union’s highest court has, effective immediately, invalidated the US-EU Safe Harbor program relied upon by many companies as the basis for lawfully transferring and processing personal information from the EU to...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

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