Search results : 1348

On 5 June 2018, the Court of Justice of the European Union (CJEU) delivered a judgment in the case of Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein GmbH (Case C-210/16). The judgment interprets the notion of a “controller” - one of the key concepts of the European data protection framework - within the context of a relationship between Facebook and the administrator of a fan page created on Facebook's platform. In addition, it clarifies the scope of the enforcement powers of the national data protection authorities in relation to local offices...

Since the judgment by the Court of Justice of the European Union (CJEU) in the case of Google Spain SL, Google Inc. v. Agencia Española de Protección de Datos (see IRIS 2014-6/3), and the explicit recognition in Article 17 of the General Data Protection Regulation (2016/679) of the right to erasure (“the right to be forgotten - see IRIS 2018-6/7), the European Court of Human Rights (ECtHR) has introduced and applied important principles with regard to the “right to be forgotten” with respect to both Article 8 (the right to respect for private life) and Article 10 (the right to freedom of expression)...

On 18 April 2018, the German Landesmedienanstalten (regional media authorities) decided that three live streams offered online by BILD, Germany’s highest-circulation newspaper, whose website, Bild.de, is the most viewed German newspaper site on the Internet, should be classified as broadcasting. The newspaper had failed to obtain the licence that, according to Article 20 et seq. of the Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement - RStV), is required to broadcast legally in Germany. The media authorities’ decision concerned the streams “BILD live”, “Die richtigen Fragen” and “Bild...

According to media reports, the Landgericht Berlin (Berlin Regional Court - LG Berlin) decided in an interim procedure on 23 March 2018 (Case no. 31 O 21/18) that Facebook had acted unlawfully by deleting a user’s comment on the grounds of alleged breaches of its guidelines. The decision is significant, not least because it is the first time since the Netzwerkdurchsetzungsgesetz (Network Enforcement Act - NetzDG) entered into force that a court has ruled on Facebook’s deletion strategy in a real-life case. The decision concerns events that took place in January 2018. A Facebook user had posted...

A recent decision by the European Court of Human Rights (ECtHR) confirms the limits of freedom of expression in Germany in relation to the publication of Nazi-symbols. A German blogger complained under Article 10 of the European Convention of Human Rights (ECHR) about his criminal conviction for the offence of using symbols of unconstitutional organisations; however the ECtHR recently found no violation of his right to freedom of expression. The applicant, Mr Nix, has a blog in which he writes about certain matters concerning economics, politics and society. One of his blog posts contained a picture...