Tech & Data Update

This was ruled by the Supreme Court of Austria (File No:6Ob242/22i) of 24.03.23. In this case, the plaintiff requested information about whether her personal data could be found in an Excel list that had been sent without authorization in the course of a data breach.

The German Federal Ministry of Health announced in its April 25, 2023 work program that the Health Data Act (GDNG) is expected to be introduced in the summer.

Germany failed to pass the Whistleblower Protection Act in time and now faces fines from the European Commission. This is revealed in a letter from the Ministry of Justice. In the lawsuit filed with the ECJ a few weeks ago, Brussels demands 61,600 euros for each day.

When assessing the standing of an association to bring an action under competition law, the type of membership of the individual members is generally irrelevant. This was ruled by the Federal Court of Justice in a decision (File No.: I ZR 111/22) dated January 26, 2023.

The DSA classifies platforms or search engines with more than 45 million users per month in the EU as very large online platforms (VLOPs) or very large online search engines (VLOSEs). The Commission has started designating them as VLOPs or VLOSEs based on the user numbers

In a decision (File No.: 10 U 146/22) dated February 17, 2023, the Chamber Court of Berlin ruled that a blogging lawyer who publishes numerous texts on his law firm homepage enjoys media privilege if the publications have an opinion-forming effect on the general public.

The EDPB has published the final version of the Guidelines on data subjects' rights. Links to the guidelines: edpb.europa.eu/system/files/2… edpb.europa.eu/system/files/2…

Sec 43 of the Commercial Register Ordinance (HRV) stipulates, i.a., that in addition to the name of a managing director, his date of birth and place of residence must also be entered in the register. This was opposed by the managing director of a limited liability company

After the conclusion of a private insolvency, the data of those affected will only be stored by the credit agency Schufa for six months in the future. This was announced by Schufa on March 28, 2023. The credit agency is thus reacting to an upcoming ruling by the ECJ.

The Data Protection Conference (DSK) published its opinion on the use of health data in the context of the European Health Data Space (EHDS) on March 27, 2023. In particular, the DSK believes that the EHDS should not undermine data protection under the GDPR.

ChatGPT has to be suspended pending compliance with data protection regulations in Italy. On March 31, 2023, the Italian data protection authority ordered OpenAI, to temporarily restrict the processing of data of Italian users with immediate effect.

A European stakeholder initiative funded by the German Federal Ministry for Consumer Protection has developed design guidelines as well as a sample cookie banner for fair and consumer-friendly cookie banners, which were published on January 26, 2023.

The German Federal Data Protection Agency criticizes the messenger Telegram for not naming a contact person for authorities and therefore violating the GDPR. The company, which is headquartered in Dubai, is not easily accessible for authorities.

On March 15, 2023, EDSA launched its coordinated enforcement action. Later this year, 26 DPAs across the EEA will participate in Coordinated Enforcement Framework (CEF) 2023 on the designation and position of data protection officers.

On March 23, 2023, the new "Open Data Act" was passed in the state parliament of Hesse with the votes of the CDU and the Greens. The aim is to facilitate access to non-personal data from public administration in the future.

On March 17, 2023, a bill was introduced in the US Senate to identify social media services that are under the influence of certain foreign organizations and to take steps to protect the United States from such organizations, as well as for other purposes.

An opinion of the ECJ found that Schufa's score values violate European law. A ruling is still pending. Schufa is also not allowed to store data from public directories - such as the registers of the insolvency courts - for longer than the public directory itself.

After the Whistleblower Protection Act failed in the German Bundesrat, the coalition is launching a new attempt. The coalition factions in the Bundestag have split the originally planned Whistleblower Protection Act into two bills and thus want to push ahead with the legislation

"A DNS resolver can be liable as a perpetrator for copyright infringements on third-party sites. This was ruled by the Regional Court of Leipzig in a decision (File No.: 05 O 807/22) dated March 01, 2023. Link to the decision: openjur.de/u/2465029.html"

On February 28, 2023, the French National Assembly passed the "Draft Law with Provisions for the Adoption of #EU Law in the Economic, Health, Labor, Transport and Agricultural Fields," which includes new licensing requirements for #crypto #companies.