The ECJ held a consent requires an opt-in of the user.1 A consent is only valid insofar the user consents in an active and unambiguous manner. It follows, cookies consent is invalid if a controller is using a pre-ticked checkbox.…
The DPO and the messanger of bad news
The strong legal position of the DPO, which is provided by the GDPR, does not prevent the DPO1 in practice of the risk of either being sued or being fired by the controller. Role of DPO according to GDPR The…
Liability of private parties for data protection breaches
by Tobias Jacquemain//The data protection law provides those affected a right to compensation. In practice, however, this right rarely applies. Criteria for assessing damages are problem areas that can reduce the existing sanction deficit in data protection. I. Regulatory mechanisms…
Data breach: 72 hours period extended on weekend
GDPR requires companies to notify data breaches to the supervisory authority „…without undue delay and, where feasible, not later than 72 hours…“1 Insofar the notice period of 72 hours would include weekends companies were required to organise an urgency duty…
There Shall be Order! A Proposal for More Structured Normativity on the Internet
by Matthias C. Kettemann Can you recall a time before the Internet? When you read newspapers, called your friends on the landline and watched what the TV offered. Like everyone else? Things have changed considerably in this age of instant…
The “one for all lawsuit”
by Dr Katarina Barley – former Federal Minister of Justice and Consumer Protection – Germany A faster, better and cheaper way of enforcing consumer rights Until recently, many consumers who had purchased a manipulated diesel car probably thought: “How is…
Joint Controllership within a group of entities*
by Jutta-Sonja Oberlin and Lukas Lezzi 1 Introduction It is crucial for compliance of intra-group[1] data processing activities under the GDPR (General Data Protection Regulation)[2] to answer the question as to whether such cooperation in data processing constitutes order processing…