Data Protection Law
Data protection law matters are increasingly at the forefront of an attorney’s advisory services. The increasing legal requirements have led to a greater need for advice, to which BOEHMERT & BOEHMERT have reacted with the formation of a group of specialised attorneys: this group is primarily concerned with central questions of data protection law, in particular in respect of intellectual property.
We see data protection as an integral part of an extended definition of intellectual property: we see a property right in itself in the data of the affected party, which deserves an attorney’s full commitment. We would like to create awareness for the fact that the violation of data protection regulations can lead to serious legal problems and is in no way a "peccadillo". We want to identify solutions for a proper use of third party data. In addition we highlight the relevant unfair competition law aspects of the various legislation on data protection.
The content of our activity in the field of data protection can be outlined as follows:
- Applicability of German data protection law in respect of transnational usage of data, such as via the internet.
- Problems relating to data transfer in other countries, in particular non-EU states (“safe harbour principle”).
- Marketing and data protection law, the usage of third party data for marketing purposes via various media (fax, e-mail, SMS).
- Provisions of internet data protection law (media services and telecommunications data protection law) for the usage of acquired data.
- Duties of internet service providers or access providers to provide information in the case of rights infringements by users.
- Development of contractual clauses, such as declarations of consent to data use.
- Advice on company data protection audits.
- Formal requirements for companies which deal with third party data (e.g. company data protection officer).
