The “tried and tested” public enforcement measures known from data protection legislation under the EU’s GDPR are now being enlisted in civil and unfair competition law: since 28 May 2022 infringements of consumer protection regulations have been subject to fines of up to 4% of annual revenues.
To promote the digital economy in Europe, the EU is further developing the legal framework for digital services and markets. The provisions of the Data Governance Act on data spaces and other platforms for data exchange are an important part of this framework.
The Federal Supreme Court of Justice [Bundesgerichtshof, "BGH"] has held in a current judgment that the dissemination of secretly made photographs in a museum on an internet page is illegal and that has granted the affected museum a cease and desist claim.
Direct advertising by e-mail has only been permitted under strict conditions since the entry into force of the General Data Protection Regulation. The legal simplification of e-mail advertising for existing customers is, therefore, gaining in importance. According to a recent ruling by the Court of Appeals (Oberlandesgericht) of Munich,…
The General Data Protection Regulation (GDPR) which will apply as of 25 May 2018 changes the conditions for the processing of personal data for marketing purposes. The data protection supervisors of the federal government and the federal states now offer a first practical orientation in this regard.