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Florian Tannen

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Florian Tannen is a partner in the Munich office of Baker McKenzie. He advises on all areas of contentious and non-contentious information technology law, including internet, computer/software and data privacy law. He also has profound experience in the drafting and negotiation of outsourcing and IP-project (in particular SAP-implementations) contracts. Before joining the Firm, Florian worked for two major law firms and a large US-based technology company.

Through Baker McKenzie’s participation in the World Economic Forum project; Unlocking Value of Data Sharing we have learnt that whilst many companies may have a good grasp of unlocking value from their internal data, that the legal risks of data use and sharing are not widely understood or on the radar of decision takers. Moreover, there can be a gap between the business/technology team and the legal function.

In order to assist clients and discussions with clients, Baker McKenzie associates have created an interactive tool that is aligned with the legal framework for some of the key considerations presented by additional use of data, specifically with respect to antitrust, intellectual property and data protection. This innovative tool allows clients to self-test their readiness, from a legal standpoint, to enable unlocking additional value from data.

Trade secrets are broad in scope and can be what provides your business with a competitive edge, ensures efficiencies and tracking, results in a better product or service and enables better marketing and identification of the target consumer. Yet when it comes to working with commercial partners in supply chains, the risk to this proprietary information can be put at risk.

On November 3, the German Federal Ministry of Justice and Consumer Protection published two draft bills for the implementation of certain aspects of the Directive on digital content and services (Directive (EU) 2019/770) and the Directive on better enforcement and modernisation of consumer protection rules (Directive (EU) 2019/2161). The Directive on digital content and services must be transposed by the German legislator into national law by July 1, 2021, which in turn must be applied beginning January 1, 2022. The Directive on better enforcement and modernisation of consumer protection rules must be transposed into national law by November 8, 2021, which in turn must be applied beginning May 28, 2022. If adopted, the draft bills will amend the German Civil Code, inter alia, supplementing the requirements for distance selling contracts, introducing new rules for consumer contracts about digital content and services, and providing for new information obligations for online market places as well as amend the Introductory Act of the German Civil Code by introducing a new administrative fine for violations of certain consumer protection law obligations.

The Hamburg Commissioner for Data Protection and Freedom of Information (“Hamburg DPA”) imposed a 35.5 million Euro fine on a global fashion company’s subsidiary in Germany for violations of the GDPR. This million Euro fine is the highest fine known in Germany so far.

Munich, Germany

The Hamburg Commissioner for Data Protection and Freedom of Information (“Hamburg DPA”) imposed a 35.5 million Euro fine on a global fashion company’s subsidiary in Germany for violations of the GDPR. This million Euro fine is the highest fine known in Germany so far.

The European Data Protection Board (EDPB) has published draft guidelines on the concepts of controller and processor in the GDPR (Guidelines). They replace the previous guidelines on the concepts of controllers and processors which the Art. 29 Working Party, i.e., basically the EDPB’s predecessor, had published in 2010. The Guidelines…

The European Data Protection Board (“EDPB”) has published draft guidelines on the concepts of controller and processor in the GDPR (“Guidelines”). They replace the previous guidelines on the concepts of controllers and processors which the Art. 29 Working Party, i.e. basically the EDPB’s predecessor, had published in 2010. The Guidelines are open for public consultation until October 19, 2020, after which the final version will be issued.

This is the sixth in a series of guidance notes on what the “Schrems II” decision means for companies that rely on EU-U.S. Privacy Shield, controller-to-processor standard contractual clauses, SCCs for transfers to controllers, derogations/exceptions to transfer restrictions, and binding corporate rules, as well as what “Schrems II” means for Brexit and what companies can expect with the road ahead on these issues.