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Jan-Philipp Guenther

Jan-Philipp Guenther is an associate in Baker & McKenzie’s Munich office and a member of the Information Technology Practice Group. Before joining the Firm in 2015, he was a research associate at the Department of Criminal Law, Criminal Justice, Legal Theory, Information and Computer Science Law at the University of Wuerzburg, and a legal trainee for an international law firm. Mr. Guenther clerked at the Regional Court of Wuerzburg and worked for an international law office in Tokyo, assisting in corporate law and litigation.

Under the European General Data Protection Regulation many companies will be required to appoint a Data Protection Officer. Violating the requirements relating to the appointment of a DPO can be sanctioned with fines of up to EUR 10 million or up to 2 percent of the total worldwide annual turnover, whichever is higher. So, who do you appoint as your DPO?

In a recent decision, the Court of Justice of the European Union (ECJ) determines how the term “establishment” used in the EU Data Protection Directive 95/46/EC must be interpreted and thereby on the applicability of national data protection law in cases with a cross-border context as well as on the power of national data protection authorities in this regard. This has practical implications.