The EU Commission has issued an adequacy decision on the new data protection framework between the EU and the US. In this episode, research assistants Ole-Christian Tech and Klaus Palenberg look at the consequences of the decision and the content of the agreement with the US. In particular, the novelties compared to the previous agreements, which were overturned by the ECJ, are elaborated and the effects on practice are illuminated.
The episode referred to, “Can I transfer data to the US and UK?” can be found here.
A transcript of the episode can be found here.
After the decision of the Federal Labour Court in September 2022, the topic of recording working hours is going viral again. Are employers now obliged to record the working hours of their employees and, if so, how is this to be implemented in concrete terms? What will happen to trust-based working time models in the... Read more »
Employee data protection is a constant issue in the day-to-day operations of many companies. In its decision (Case No. 10 A 6199/20), the Administrative Court (VG) of Hanover dealt with the use of technologies by Amazon which allow the company to monitor the working speed of employees in its logistics centre. In doing so, the court had to weigh the personal rights of the employees against the business interests of Amazon. The aspects that the court had to take into account, the role played by the supervisory authority and the works council, and other exciting legal questions are answered by research assistants Johannes Müller and Ole-Christian Tech in this anniversary episode of our podcast.
On 12 January 2023, the ECJ handed down a ruling on the scope of the data subject’s right of access. In this episode of “Weggeforscht”, Johannes Müller and Klaus Palenberg report on the decision, according to which a controller must specifically name all third parties to whom it discloses data. If the data subject so requests, it is not sufficient to merely name categories of recipients. This episode of “Weggeforscht” thus supplements the previous episode of 29 March 2023 with another aspect of the right of access.
The full text of the judgement is available here.
The right to information pursuant to Article 15 of the GDPR standardises the central right to information of a data subject with regard to the processing of his or her personal data. The scope of the data subject’s right to information under Article 15 of the GDPR has recently been the subject of much discussion in practice and case law.
However, the legal and practical pitfalls that arise in everyday life when processing requests from the data subject are not always sufficiently illuminated. How can the controller ensure that he releases the data to the true data subject? How can he ensure that no third party’s data is violated in the process of handing it over? These and other exciting legal questions are answered by research assistants Johanna Voget and Ole-Christian Tech.
The article in the DFN-Infobrief Recht mentioned in the episode can be found here.
There are many other legal disputes and open questions surrounding the topic of employee data protection. In the second part of our double episode on the protection of employee data, research assistants Johanna Voget and Johannes Müller provide an overview of practically relevant topics, such as the claim for damages under the GDPR in the... Read more »
Employee data protection makes new headlines almost daily. Be it problems with the recording of working hours, the right to information or simply the requirements for the processing of employee data. Because the range of topics is so extensive, the Legal Research Unit at DFN is presenting a double series on the current status of... Read more »
At the beginning of August, the ECJ had to rule on a Lithuanian law that required public employees to disclose private information. The ruling also has implications in Germany. Therefore, in this episode, research assistants Klaus Palenberg and Owen Mc Grath discuss the extent to which this data was allowed to be published on government... Read more »
The European Data Protection Board (EDSA) has published long-awaited guidelines to help national supervisory authorities impose uniform fines for data protection breaches. The background to these guidelines is the wide scope that the GDPR gives supervisory authorities in imposing fines. This can lead to large differences in the possible level of fines. In this episode... Read more »
The jungle of legal requirements when building a website is now becoming even more dense for website operators: In a ruling dated 20 January 2022 ( Case 3 O 17493/20), the Regional Court of Munich I decided that the use of dynamic fonts without a corresponding legal basis from the GDPR can lead to a... Read more »
” width=”220″ height=”55″ /> In this new episode of the ITM Podcast, the two research assistants Owen Mc Grath and Klaus Palenberg discuss the ECJ ruling on the standing of consumer associations to sue for data protection infringements. The ECJ has ruled that even after the introduction of the GDPR, consumer associations can rely... Read more »
In this new episode of the ITM Podcast, research assistants Owen Mc Grath and Nicolas John talk about the right of access for data subjects as set out in Article 15 of the GDPR and the possibility for data controllers to restrict or refuse access. With the help of the central data subject right of... Read more »
” width=”220″ height=”55″ /> In this episode of the J!Cast, the Swiss guest researcher Simon Henseler (University of Zurich) and the research assistant Nicolas John (ITM Münster) talk about the upcoming new data protection law in Switzerland and examine the differences and similarities of the law with the European GDPR. Simon Henseler also explains the... Read more »
In a special edition of the ITM podcast series, Toshihiro Wada, currently a research assistant at ITM, presents data protection law in Japan. The podcast focuses on the legal assessment of data transmission between the EU and Japan.
The podcast is in German.
http://www.uni-muenster.de/Jura.itm/hoeren/itm/wp-content/uploads/3_Datenschutzrecht_in_Japan_-Datenübermittlung_zwischen_EU_und_Japan.mp3