ARTICLE · 23 OCTOBER 2018

First Court Decisions On GDPR Warning Letters

SKW Schwarz

By order (in German) of September 13, 2018 (11 O 1741/18 UWG), Würzburg Regional Court issued an interim injunction against a lawyer who provided an incomplete Privacy Policy on her website...

GermanyPrivacy

Nikolaus Bertermann

Florian Hensel

By order (in German) of September 13, 2018 (11 O 1741/18 UWG), Würzburg Regional Court issued an interim injunction against a lawyer who provided an incomplete Privacy Policy on her website as well as an unencrypted contact form.

The court considered both the missing Privacy Policy and the lack of encryption of the website violations of the GDPR. While this is comprehensible with respect to the missing Privacy Policy, the court fails to explain why it considers the missing encryption to be a data protection violation. This is already technically questionable, since data on forms is frequently transmitted via email, so that the website encryption would have no influence at all on the transmission of data provided in the forms.

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First Court Decisions On GDPR Warning Letters

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