The year 2018 is coming to a close. Among other things, it has brought us a new FIFA world champion, royal weddings and some other joyful things like the EU General Data Protection Regulation (GDPR). The latter could arguably cool one’s Holiday spirit—at least in some cases. For example, reportedly, the annual wish list campaign of the City of Roth, Germany, was intitally cancelled due Continue Reading Corporate Holiday Cards: The GDPR Nightmare Before Christmas?

A political agreement was reached between the European Parliament, the Council of the European Union (EU) and the European Commission on the EU Cybersecurity Act (Act) and announced on December 10, 2018. The pace of the adoption of the Act (with less than three months of discussions among the EU institutions) confirms that cybersecurity is high on the EU political agenda. Continue Reading The EU Cybersecurity Act is (Almost) There

Although the EU General Data Protection Regulation (the “GDPR”) entered into force on 25 May 2018, and the obligations under the GDPR have since taken effect, there remain significant uncertainties as regards enforcement. In particular, the application of the GDPR’s fining provisions – arguably the key concern for companies commercially – raises several issues, Continue Reading GDPR Fines – Lessons from Competition Law

On 13 November 2018, the Court of Justice of the European Union (CJEU) ruled that the taste of a food product could not be classified as a ”work” within the meaning of Directive 2001/29/EC and that national member state legislation could not be interpreted differently (Case C-310/17). While the CJEU did not deny the copyrightability of tastes in principle, it Continue Reading Court of Justice of the EU: No Copyright Protection for the Taste of Food – For Now

The UK government has published a series of four technical notices on intellectual property in the event of the UK leaving the EU on 29 March 2019 without an agreement (a ‘no deal Brexit’).  The technical notices were published on 24 September 2018 and cover: Trade marks and designs; Patents; Copyright; and Exhaustion of intellectual property rights. The notices set out the UK government’s Continue Reading A ‘No Deal Brexit’ and its Affects on IP

On 13 September 2018, institutions in the European Union (EU) started negotiations to reach a final agreement on the EU Cybersecurity Act (Act). When adopted, the Act will create EU cybersecurity certification schemes for ICT products (i.e., hardware and software elements of network and information systems); services (i.e., services involved in transmitting, storing, retrieving or processing information via network and information systems); and processes (i.e., Continue Reading The Clock Is Ticking: Negotiating an Enhanced EU Cybersecurity Framework

On 16 July 2018, the District Court of Gießen, Germany, ruled that a custodian’s representation rights also cover consent to data processing activities related to the person under custodianship. Under the EU General Data Protection Regulation (GDPR), the processing of personal data is, in principle, prohibited unless there is a legal basis for such processing. Pursuant to Art. 6 para. 1 lit. a) GDPR, one possible legal basis is the data subject’s consent. However, the legitimacy of a declaration of consent may be in doubt if Continue Reading German Court Issues GDPR Ruling on Data Subject’s Consent for Persons Under Custodianship

According to media reports, the first cease-and-desist letters have been issued in relation to alleged violations of the EU General Data Protection Regulation (GDPR). The cease-and-desist letters seem to concern, inter alia, data protection declarations on websites. In particular, the letters seem to address specific website tools (e.g., Google Fonts, Like buttons) and whether their use and description in the data protection declaration is compliant with the GDPR. Continue Reading German Legislature Announces Plans to Prevent Abusive GDPR Cease-And-Desist-Letters

Aktuellen Presseberichten zufolge sind erste Abmahnungen aufgrund von behaupteten Verstößen gegen die EU Datenschutzgrundverordnung (DSGVO) ergangen. Die ergangenen Abmahnungen betrafen etwa Datenschutzerklärungen auf Web-Seiten; im Konkreten die datenschutzkonforme Einbindung und Beschreibung von bestimmten Tools (bspw. Google-Fonts, Like Buttons). Continue Reading Deutsche Gesetzesinitiativen wollen rechtsmissbräuchliche DSGVO-Abmahnungen verhindern

On 12 June 2018, the Court of Justice of the European Union (CJEU) ruled that Christian Louboutin’s red sole trademark was valid (Case C-163/16). The decision comes after years of litigation between Louboutin and Dutch footwear company Van Haren over the scope and validity of Louboutin’s trademark. Continue Reading Court of Justice of the EU: Louboutin’s Red Sole Trademark Is Valid