Federal criminal law, as distinct from state criminal law, encompasses the body of statutes passed by the U.S. Congress that dictate what constitutes criminal behavior and the sanctions or penalties imposed for such behavior. These laws are enforced by federal agencies, prosecuted by the U.S. Attorney’s Office, and adjudicated in the federal court system. This
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German data protection authorities: old consents survive under the GDPR if…
By Carlo Piltz
On 14th September, the German data protection authorities (“DPAs”), gathering in the so called “circle of Düsseldorf”, issued a non-binding opinion (pdf, German) on the question of the lawfulness of consents under the looming General Data Protection Regulation (“GDPR”), which were obtained under the conditions of the current legal framework.
Referring to recital 171 of…
European Court of Justice rules on applicable data protection law and terms of use
By Carlo Piltz
Today the European Court of Justice (ECJ) decided in the case C-191/15 (Verein für Konsumenteninformation vs Amazon EU Sàrl). The ruling sheds light on some interesting questions with regard to consumer protection law and also assesses the European data protection rules on applicable law.
With regard to consumer protection, the case concerned potentially unfair terms…
A sign of confidence: The EU Member States have adopted the EU-U.S. Privacy Shield
By Lina Boecker
In short:
The EU Member States have given their support to the EU-U.S. Privacy Shield, a renewed framework for transatlantic data flows which is meant to replace the old “Safe Harbor”. The decision of the Member States was mandatory in order to formally adopt the Privacy Shield in the EU.
In opposite to Safe Harbor,…
Germany: Facebook wins 2nd round in fight over legitimacy of its real name policy
By Carlo Piltz
On 29 June 2016, the Higher Administrative Court of Hamburg decided in favor of Facebook in a legal battle with the Data Protection Authority (DPA) of Hamburg (decision in German).
The Court stated, in essence, it is an open question whether the administrative order of the Data Protection Authority was lawful. The Court identifies…
Data flows to the US: Why the EU Model Clauses may soon be no longer state of the art
By Lina Boecker
Not long after the “Safe Harbor” decision and in the same context (data transfer to the US by Facebook) the Irish Data Protection Commissioner has decided to bring the EU-US data flows before the European Court of Justice (CJEU) (again).
Background
Once more, it is all about Facebook (Facebook Ireland Ltd.). After the CJEU has invalidated…
WhatsApp ordered by a German court to not use English language terms and conditions towards users in Germany
A German court has recently ordered WhatsApp to use German language terms and conditions towards users in Germany (see also here, for example). Or, to be more precise, called upon by a German consumer protection agency the Kammergericht, the appellate court for the district of Berlin, has, amongst other things, decided that using English…
General Data Protection Regulation: German DPAs demanding more staff and financial resources
By Carlo Piltz
On 24 May 2016, the Data Protection Regulation has entered into force. From 25 May 2018 it will be directly applicable in all European Member States. Not only companies or authorities therefore now have two years to adapt their data processing activities to future requirements. The national legislature must consider the applicable data protection regulations…
No more “Stoererhaftung”?
By Lina Boecker
What was for a long time associated with high liability risks and warning letters from lawyers, will now be made easier by the German government: Free wifi-hotspots. The German government has decided to modify the so called “Stoererhaftung” – the liability of the operator of a wifi-hotspot for any infringements of law committed through the…
Patrick Breyer v Federal Republic of Germany: Dynamic IP addresses = Personal Data? And Is German Data Protection Law too Restrictive?
Today, Attorney General Campos Sánchez-Bordona has delivered his Opinion in the Patrick Breyer v Federal Republic of Germany case before the ECJ (C-582/14; you can find the Opinion here in just about any language except English)).
We recall: The Bundesgerichshof (the highest court in Germany for all civil and criminal matters) submitted to…