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In a decision of 23 July 2018, the Bundeskartellamt (Federal Cartels Office) approved the joint plan of ProSiebenSat.1 Media SE and Discovery Communications to expand the video platform 7TV with the video streaming services “Maxdome” and “Eurosport-Player”. The platform, which was set up by ProSiebenSat.1 Media SE and Discovery Communications with the Cartels Office’s approval in 2017, currently offers users video-on-demand services that are financed through advertising and live streaming of TV programmes broadcast by its parent companies. The Bundeskartellamt does not think the addition of Pro7’s...

On 13 June 2018, the Broadcasting Commission of the German Bundesländer published a first working draft of an amended Rundfunkstaatsvertrag (Inter-State Broadcasting Agreement), which will be known as the new Medienstaatsvertrag (Inter-State Media Agreement). According to Articles 30 and 70 of the Grundgesetz (Basic Law), legislative powers regarding the media in Germany are held by the Bundesländer, which have been coordinating their respective broadcasting laws by means of inter-state agreements since 1987. Through approval laws or resolutions adopted by the Länder, inter-state agreements are...

In a decision of 18 July 2018 (Case no. 1 BvR 1675/16), the Bundesverfassungsgericht (Federal Constitutional Court - BVerfG) declared that the German broadcasting contribution fee, which has been levied on every household to fund public service broadcasting in Germany since 2013, was broadly compatible with the German Constitution. In accordance with Article 2 of the Rundfunkbeitragsstaatsvertrag (Inter-State Agreement on the broadcasting contribution fee), the broadcasting contribution fee must be paid by every adult homeowner in Germany, regardless of how many public broadcasting services they...

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...