Tag Archives: Germany

German DPAs Issue Resolution and Guidance Paper on Cloud Computing and Compliance with Data Protection Law

Posted on October 5, 2011 by Hunton & Williams LLP

On September 29, 2011, the German federal and state data protection authorities (“DPAs”) issued a resolution on cloud computing and compliance with data protection law. The publication was released in conjunction with the DPAs’ 82nd annual conference.

Continue reading…

Tags: , , ,

Use of Google Analytics Now Lawful in Germany, Subject to Certain Guidelines

Posted on September 16, 2011 by Hunton & Williams LLP

On September 15, 2011, the data protection authority of the German federal state of Hamburg (the “DPA”) published a press release confirming that Google has significantly improved compliance with respect to the implementation of Google Analytics in Germany.  This finding is the result of two years of fruitful dialog between Google and the DPA, which was acting on behalf of the conference of German data protection authorities responsible for the private sector (the “Düsseldorfer Kreis”).

Continue reading…

Tags: , , , , , ,

Facebook Endorses Self-Regulation in Germany

Posted on September 13, 2011 by Hunton & Williams LLP

On September 8, 2011, Richard Allan, Facebook’s Director of European Public Policy, met with the German Federal Ministry of the Interior (the “Ministry”) and endorsed the Ministry’s initiative for a future self-regulatory code for social networks with a focus on data security, consumer protection and the protection of minors. Continue reading…

Tags: , ,

German State DPA Fines Payment Transaction Provider for Unlawful Transfer of Transaction Data

Posted on September 12, 2011 by Hunton & Williams LLP

On September 12, 2011, the Commissioner for Data Protection and Freedom of Information of the German federal state of North Rhine-Westphalia (“DPA”) imposed a fine of €60,000 on Easycash GmbH (“Easycash”), a leading German service provider for electronic payments.

Continue reading…

Tags: ,

German State DPA Orders Businesses to Close Facebook Pages

Posted on August 25, 2011 by Hunton & Williams LLP

On August 19, 2011, the Data Protection Commissioner’s Office of the German federal state of Schleswig-Holstein (“ULD”) ordered all businesses in that state “to shut down their fan pages on Facebook and remove social plug-ins such as the ‘like’-button from their websites.”  Although this warning is specific to Facebook users, the regulator’s explanation of its motives reveals a fundamental concern about common data analytics practices:

“By using the Facebook service traffic and content data are transferred into the USA and a qualified feedback is sent back to the website owner concerning the web page usage, the so called web analytics (Ger.: Reichweitenanalyse).  Whoever visits facebook.com or uses a plug-in must expect that he or she will be tracked by the company for two years.  Facebook builds a broad individual and for members even a personalised profile.  Such a profiling infringes German and European data protection law.  There is no sufficient information of users and there is no choice; the wording in the conditions of use and privacy statements of Facebook does not nearly meet the legal requirements relevant for compliance of legal notice, privacy consent and general terms of use.”

Continue reading…

Tags: , ,

Germany Launches National Cyber Defense Center

Posted on July 7, 2011 by Hunton & Williams LLP

On June 16, 2011, the German Federal Ministry of the Interior officially opened a National Cyber Defense Center as part of the comprehensive cybersecurity strategy that was adopted by the German federal government on February 23, 2011.  The Cyber Defense Center is intended to serve as a common platform for rapid information exchange and better coordination of protective and defensive measures against information technology security incidents.

Continue reading…

Tags: , ,

Hunton Hosts Webinar on Preparing for the EU Cookie Law

Posted on June 13, 2011 by Hunton & Williams LLP

On June 6, 2011, Hunton & Williams hosted a panel discussion on what organizations in the UK, France, Germany and the Netherlands are doing to comply with the EU’s new cookie law.  The webinar, Consent for Cookies: Preparing for the EU Cookie Law, featured David Evans, Group Manager of Business and Industry of the UK Information Commissioner’s Office, and Hunton & Williams Brussels-based associates Olivier Proust, Dr. Jörg Hladjk and Martijn ten Bloemendal.  The panel was moderated by Bridget C. Treacy, partner in the London office of Hunton & Williams.  Listen to the webinar now.

Tags: , , , , , , , ,

German DPAs Publish Comprehensive FAQs on Statutory Data Breach Notification Requirement

Posted on May 31, 2011 by Hunton & Williams LLP

The German Data Protection Authorities of Berlin and North Rhine-Westphalia have issued a paper containing Frequently Asked Questions about the German statutory data breach notification requirement that went into effect on September 1, 2009.  The paper provides detailed information on key questions concerning the procedure for notification as required by Section 42a of the German Federal Data Protection Act.

Continue reading…

Tags: , , , , , , , , ,

Webinar on Consent for Cookies: Preparing for the EU Cookie Law

Posted on May 27, 2011 by Hunton & Williams LLP

On June 6, 2011, join Hunton & Williams for a panel discussion on the implementation of the new EU Cookie Law in the UK, France, Germany and the Netherlands.  EU law on the use of cookies is changing.  Opt-in consent will be required, but specific requirements may differ across the EU.  What are organizations doing to ensure compliance with the new cookie law?  Listen to David Evans, Group Manager of Business and Industry of the Information Commissioner’s Office, explain the steps that UK organizations are expected to take.  Learn about cookie compliance in France, Germany and the Netherlands.  Register now for this complimentary webinar.

Update: A recording of the webinar is now available online.

Tags: , , , , , , ,

German Federal Office for Information Security Issues Final Framework Paper on Information Security for Cloud Computing

Posted on May 16, 2011 by Hunton & Williams LLP

On May 10, 2011, the German Federal Office for Information Security, (the Bundesamt für Sicherheit in der Informationstechnik or “BSI”) released the final framework paper on information security issues related to cloud computing.  The paper describes the minimum requirements for information security for cloud computing services.  As we previously reported, in September 2010, the BSI had presented the draft framework paper which received positive reviews and constructive comments from cloud computing providers, users, associations and other stakeholders.  The comments and contributions have been incorporated in the final framework paper.  According to the BSI, the paper provides “Best Practices” and serves as a basis for the discussion between cloud computing service providers and cloud users.  Based on the paper, concrete recommendations for companies or public authorities may be developed, including at the international level.

Tags: , ,