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  • Article

    Administrative Court Bayreuth Confirms That Use Of Custom Audience On Social Media Requires Consent Of Data Subjects

    On June 15, the Bavarian Data Protection Authority ("DPA") published a press release stating that the Administrative Court of Bayreuth ...
    GermanyPrivacy
    Jones Day
    Jones Day
  • Article

    Bavarian Administrative Court Decides Targeted Advertising Case

    On September 26, the Bavarian Administrative Court decided that a social media company's custom audience feature for targeted advertising violated applicable data protection law
    GermanyPrivacy
    Jones Day
    Jones Day
  • Article

    Germany Makes Most Requests For Disclosure Of User Data To Facebook

    Facebook's 2014 Government Request Report reveals that Germany has the highest number of requests for user data per million Facebook users.
    GermanyPrivacy
    Jones Day
    Jones Day
  • Article

    Frankfurt Court Of Appeals: The Receipt Of Free E-books May Trigger An Obligation For Influencers To Label Their Posts As Advertising

    The judges had to deal with a case that took place before the new section 5a(4) of the German Act against Unfair Commercial Practices entered into effect on 28 May 2022.
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Für Eine Posi­tive Soziale Medi­en­ord­nung

    Soziale Netzwerke und Video-Plattformen werden immer meinungsmächtiger.
    GermanyMedia, Telecoms, IT, Entertainment
    Morrison Foerster
    Morrison Foerster
  • Article

    Germany's Approach Against Criminal Content On Social Networks Faces Resistance By Stakeholders

    On 5 April 2017, the German Federal Minister of Justice's new bill aimed at improving enforcement of rights in social networks ...
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Germany's Approach Against Criminal Content On Social Networks Faces Resistance By Stakeholders

    On 5 April 2017, the German Federal Minister of Justice's new bill aimed at improving enforcement of rights in social networks (Entwurf eines Gesetzes zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken; Netzwerkdurchsetzungsgesetz – NetzDG, the Bill; see our previous blog) has, in a slightly revised version, been adopted by the Federal Cabinet (Bundeskabinett) and is now ready for discussion by the German Parliament.
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Dismissal Of Pregnant Employee After Critical Statement On Facebook?

    The Bavarian Higher Administrative Court recently addressed the issue whether a pregnant employee can be dismissed without notice after having posted a critical statement about a client of the employer.
    GermanyEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Insult To The instructor On Facebook

    The Higher Labor Court of Hamm decided in its judgment of 10 October 2012 that a trainee was effectively dismissed without notice for good cause since he called his instructor a "slave driver and exploiter".
    GermanyEmployment and HR
    Oppenhoff
    Oppenhoff
  • Article

    Mandatory Use Of Imprint On "XING"

    According to German telemedia law, each person and company maintaining an own website to sell goods or services is required to make available certain information.
    GermanyMedia, Telecoms, IT, Entertainment
    Orrick
    Orrick
  • Article

    EU Updates Codes Of Conduct On Countering Illegal Hate Speech Online

    The European Commission has strengthened its framework for combating illegal hate speech online through an enhanced Code of Conduct, building upon the success of its 2016 predecessor.
    European UnionMedia, Telecoms, IT, Entertainment
    K&L Gates
    K&L Gates
  • Article

    Facebook May Be Required To Seek And Erase Illegal Content Worldwide

    The Court of Justice of the European Union (ECJ) has ruled, upon submission by the Austrian Supreme Court (Oberster Gerichtshof, OGH)
    European UnionMedia, Telecoms, IT, Entertainment
    HEUKING
    HEUKING
  • Article

    German Federal Supreme Court: Facebook Account Passes To Heirs

    On 12 July 2018, the German Federal Supreme Court (Bundesgerichtshof – "BGH") ruled that a Facebook user account passes to the user's heirs (Case no. III ZR 183/17).
    GermanyPrivacy
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Germany's Competition Authority Prohibits Facebook From Combining User Data From Different Sources

    Germany's Competition Authority ("the Bundeskartellamt") has imposed far-reaching restrictions in the processing of user data on Facebook.
    GermanyAntitrust/Competition Law
    Herzog Fox & Neeman
    Herzog Fox & Neeman
  • Article

    German Court Orders WhatsApp To Provide Consumers In Germany With T&Cs In German Language

    In the Court's view, the fact that a complex set of contractual T&Cs is only available in English language leads to the conclusion that the whole set of contractual T&Cs shall be deemed void...
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Twitter Threatened With €50 Million Fine In Germany For Failing To Tackle Illegal Content

    On April 4, 2023, Germany's Federal Office of Justice ("BfJ") initiated proceedings against Twitter International Unlimited Company ("Twitter") on allegations of "systemic failure"...
    GermanyMedia, Telecoms, IT, Entertainment
    Argus Partners
    Argus Partners
  • Article

    Tweets Reported as Infringing Copyright Deleted by Twitter – Are Tweets Copyrightable?

    The social media platform Twitter has been reportedly removing tweets at the request of users who believe their content has been wrongfully appropriated.
    GermanyIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    Screenshotting In Snapchat – Copyright Law Concerns

    Snapchat, the fast-growing social media network/messaging app, has spawned some controversy over how copyright law is interpreted in the United Kingdom.
    GermanyIntellectual Property
    Mayer Brown
    Mayer Brown
  • Article

    #Ad #Germany – Update For Influencers

    On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    German Court Issues Important Judgment On Consent And Transparency In Facebook Case

    The Regional Court of Berlin held in a judgment of 16 January 2018 that Facebook's default privacy settings and parts of their terms and conditions were invalid.
    GermanyPrivacy
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)

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