Tag Archives for " Germany "

ICANN loses injunction bid in dispute over WHOIS data in Germany

A German appeal’s court has rejected a bid from the internet’s global domain name organisation, the Internet Corporation for Assigned Names and Numbers (ICANN), to force a domain name registrar in the country to collect additional personal data.

Source: ICANN loses injunction bid in dispute over WHOIS data in Germany

First court decision on GDPR

Only five days after the GDPR became applicable, the first German court, the Regional Court ( Landgericht ) Bonn (in a decision dated 29 May 2018, case number 10 O 171/18 – in German only), issued a ruling on the practical application of the GDPR.

The court was called upon to rule in an interim injunction proceeding about the data minimization principle set forth in Art. 5 (1) lit. c) GDPR. The Parties to the proceeding were the Internet Corporation for Assigned Names and Numbers (ICANN) against the German-based, ICANN-accredited Registrar EPAG Domainservices GmbH.

The court ruled that ICANN could not show credibly that the collection of data on administrative contact persons of domains is necessary pursuant to Art. 5 (1) lit c) GDPR and therefore that EPAG is not obligated to collect such data.

Source: Germany: First court decision on GDPR

Deutsche Telekom not required to follow data retention laws

Deutsche Telekom is not required to store communications data from its customers under Germany’s data retention laws given that these laws are incompatible with European law, ruled the Administrative Court of Cologne.

The court said it was following a ruling from the Higher Administrative Court of Muenster last year that found Germany’s data retention regime violated EU law by exceeding limits the European Court of Justice (ECJ) imposed on the extent of data retention in its own prior ruling. Given the primacy of EU law over domestic law, Telekom is not required to follow the German legislation as a result in this case, it said.

Source: Deutsche Telekom not required to follow data retention laws – German court – Telecompaper

Google not obligated to vet websites, German court rules

Google is not obligated to ensure websites are free from defamatory content before displaying links to them in search results, Germany’s highest court ruled on Tuesday.

The case, which comes in the context of debate about the so-called “right to be forgotten”, had been brought by two individuals seeking Google to prevent its search engine from displaying links to websites on which they were verbally attacked by other internet users.

Source: Google not obligated to vet websites, German court rules

German DPAs Publish Model GDPR Processing Records

In just under 100 days, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of their processing activities.

Under Article 30 GDPR, companies will need to inventory all “processing activities under [their] responsibility” and memorialize them in a written record setting forth, inter alia, the purposes of processing operations, international transfers, and retention periods.

Source: German DPAs Publish Model GDPR Processing Records – Translations Provided |

Germany’s top court accepts complaint against country’s data retention regime

Germany’s Federal Constitutional Court has accepted a complaint filed by the activist group Digital Courage and the Working Group against Data Retention (AKV) seeking to overturn Germany”s controversial data retention laws.

The two co-plaintiffs had collected over 29,000 signatures from citizens in their complaints against the blanket storage of telecommunications data permitted by the law. While a date for a hearing on the matter has not been set, it is still possible for the court to handle this complaint in 2018.

Source: Germany’s top court accepts complaint against country’s data retention regime – report – Telecompaper

Germany seeks CJEU answer whether telecommunications law applies to webmail service providers

The Higher Administrative Court for North Rhine-Westphalia (‘the Court’) announced, on 26 February 2018, that it had filed a request for a preliminary ruling with the Court of Justice of the European Union (‘CJEU’), seeking clarification on whether webmail providers are considered electronic communications services under Article 2 of the Framework Directive (Directive 2002/21/EC) (‘the Directive’).

The proceedings before the Court originated from a legal dispute between the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (‘Bun­desnet­za­gen­tur’) and Google, Inc. over the Bun­desnet­za­gen­tur’s classification of Gmail as a telecommunications service within the meaning of the Telecommunications Act 1996 (‘TKG’).

Source: Germany: CJEU Gmail referral “could lead to application of TKG” to webmail service providers

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