Companies that are required to appoint a data protection officer (DPO) are free to choose whether to assign this task to an external or an internal data protection officer.
The external data protection officer
The external data protection officer is an independent contractor with whom the company concludes a service agreement. As a rule, the external data privacy officer will have several customers for whom he acts as data privacy officer. Since he is constantly dealing with data protection issues of different companies, he has a broad knowledge, knows weak points and has standard solutions for problems ready.
No special regulations regarding protection against dismissal apply to the contract with the external DPO. ...
The German Federal Data Protection Act (BDSG) and the General Data Protection Regulation (DSGVO) regulate the question of when companies need a data protection officer.
The DSGVO has significantly expanded the group of companies that require a data protection officer. It is now no longer only the size of the company that matters. Even small companies with fewer than 20 employees are often required to appoint a DPO.
A DPO is required in the following cases:
1. as a rule, at least 20 persons are permanently employed with the automated processing of personal data in the company (Section 38 BDSG). This provision essentially corresponds to the existing legal situation. ...
In its ruling of May 28, 2020 (I ZR 7/16), the German Federal Supreme Court (BGH) addressed the question of whether users must actively consent to certain cookies.
The Federal Association of Consumer Associations had filed a lawsuit against a sweepstakes provider because of a pre-ticked checkbox for cookies that were intended to serve the creation of usage profiles for purposes of advertising or market research.
After referring the matter to the ECJ (judgment of 1.10.2019, C-673/17), the BGH rendered a judgment as the final instance.
The Federal Court of Justice (BGH) has assessed the legality of the use of cookies in accordance with Section 15 (3) Sentence 1 of the German Telemedia Act. ...
The Federal Court of Justice (BGH - VI ZR 405/18 and VI ZR 476/18) recently dealt with the right to be forgotten in two cases.
In one case, a decision was issued that shows the criteria according to which persons can have entries deleted from search engines such as Google. The former managing director of a regional welfare association filed a lawsuit because he wanted to prevent a press report from 2011 in particular from appearing in the hit list in a Google search for his name. This report revealed that the regional association had a deficit of around one million euros during his term of office and that he had called in sick during the crisis. The BGH dismissed the action. ...
Most memes are created by combining images with text, thereby creating entirely new meanings and contexts. They spread virally across the Internet and find many viewers because they have a high entertainment value due to their funny, ambiguous or even socially critical character. Memes are thus found on many social media, websites and blogs and are generally considered accepted.
However, like almost everything, memes can be considered legal and may infringe rights or violate policies.
The following legal categories can be used to categorize problematic memes that are not always liked by those affected, so deletion options are sought. ...
Recently, there were some decisions on prominent influencers on marketing via Insta, including the KG=OLG Berlin, LG Munich and LG Karlsruhe.
The case law is currently still forming on the labeling obligation of influencers; last year, it had to be assumed that any linking and tagging of products in the posting must be considered advertising and thus labeled solely due to the assumed sales-promoting effect, otherwise there was a threat of a warning for misleading by omission.
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Since the last decisions, this no longer applies; there is more differentiation and argumentation as to why a certain post is classified as advertising and then has to be labeled as advertising / advertisement. ...
