Christian Frank

🤩 Stefan C. Schicker, Partner (Of Counsel) at SKW Schwarz, has been elected as the new Chairman of the Board of the Legal Tech Association Germany (Legal Tech Verband Deutschland). Together with Co-Chairman of the Board Alisha Andert, LL.M., he will drive forward the association's political commitment and further expand its membership services. 💡💬 As a recognized expert in the field of legal tech, Stefan Schicker brings extensive knowledge in the field of artificial intelligence in particular. "The transformative power of generative AI will have a lasting impact on the legal market," explains Schicker. "In my new role at the Legal Tech Association Germany, I see a unique opportunity to actively bring the potential of AI into the focus of the legal sector and make a significant contribution to shaping this revolutionary future." 👀 💬 SKW Schwarz is a member of the Legal Tech Association Germany. "Membership enables us to engage in an even more intensive exchange with a broad spectrum of companies in the legal tech sector," explains Dr. Stephan Morsch, CEO of SKW Schwarz. "We incorporate the valuable input from the association's work into the implementation of our digitalization projects in order to develop cost-efficient solutions for our clients and simplify legal advice processes." #legaltech #skwschwarz #digitalization #technology #legaladvice

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#Data Protection within #EU is highly important. Our CMS EU Data Protection Annual #Report 2023 & Strategy 2024-2027 will give deep insights. CMS Deutschland

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📢 The adoption of the draft bill on (i) the seizure and analysis of mobile devices and data as well as (ii) various other procedural provisions has now apparently been postponed. The review period has been extended until end of July, after having drawn fierce criticism. 📢 This is, certainly, the right call. A period of two weeks for reviewing various far-reaching amendments and changes of the Austrian Criminal Procedure Code is simply unacceptable (though I would have preferred such flash of inspiration to arrive sooner). ❌ What irks heavily, though, is that the Austrian Justice Minister seems to have arrived at this conclusion after consultation with representatives of the judiciary, public prosecutors' offices and academia. ❗ What about the laywyers, who as representatives of victims and suspects play a massive role in (white colar) crime proceedings? ❗ In any event: To be continued... https://lnkd.in/dvdnkAqn

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The European Commission has initiated infringement proceedings against 23 member states for failing to implement the NIS 2 directive, and 24 member states for failing to notify national measures to implement the resilience of critic entities (CER) directive. Directives that aim to strengthen the resilience and cybersecurity of Critical National Infrastructure (CNI) providers across the EU 27 member states. Member states have 2 months to respond, complete the implementation of the directive and inform the commission of their actions. The NIS 2 implementation deadline of October 17, 2024 came and went with only a few member states passing the Directive into National Law. Resulting in the Commissions actions. An indication in part to the challenges member states face with transposing the directive into local laws. EU NIS (and DORA) become more real as each day moves forward. The FUD days of cyber regulatory compliance are over, as covered entities find themselves having to demonstrate governance over cybersecurity risk management, or risk substantial administrative fines, non-financial penalties, and personal liability of representatives of covered entities. https://lnkd.in/eJFpU9eh Thaddeus Dziekanowski Brian D. McCarthy Faisal Khan Veritas GRC European Commission #cybersecurity #cyberriskmanagement #cyberregulation

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Who owns the data collected by your fridge? 🤔 A straightforward question with no clear legal answer – until now. The Data Act aims to provide clarity. 🌟 In our exclusive webinar, Antje Münch and Lutz Martin Keppeler, experts in IT law, shed light on the most crucial digital laws and regulations in Europe. They not only covered the Data Act but also delved deep into topics such as NIS-2, DORA, and the Cyber Resilience Act. 👉 Find out how your compliance requirements will change with these new regulations! Download our webinar for free now – an hour packed with insights for your compliance strategy: https://hubs.ly/Q02JlBds0 #Compliance #DataAct #NIS2 #CRA #DORA #ComplianceWebinar Scott Chenery

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📢 Update from the Unified Patent Court (UPC)! As of the end of July, the UPC has reported significant progress in its operations: 🔹 Language Shift: Over half of the proceedings are now conducted in English, surpassing other languages. This shift highlights the increasing preference for English in international legal settings. 🔹 Case Volume: Since its launch on June 1, 2023, the UPC's courts of first instance have handled 447 cases. This includes a mix of infringement actions and counterclaims for revocation, showing robust activity in patent litigation. At isarpatent®, we are closely monitoring these developments. The shift to English proceedings and the high volume of cases underscore the importance of strategic patent litigation and defense. Our team is here to help you navigate these changes and ensure your intellectual property is well-protected. Stay informed and prepared with isarpatent®, by your side. 🌐 Learn more about our services: https://lnkd.in/e_ZHyAhx #PatentLaw #IntellectualProperty #UPC #LegalUpdates #isarpatent

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This issue crops up quite often in a subject access context - controllers often proceed on the assumption that they don’t need to provide copies of personal data consisting of emails or other correspondence previously sent by the data subject to the controller. But there is no exemption for “personal data the data subject already has/has had”. One tends to find though that it’s one of those situations that - unless relations between the data subject and controller have totally broken down - can be resolved with a bit of discussion, and pragmatism on both sides. In many cases the data subject has no wish to receive copies of such personal data, and will agree to redefine the request to exclude that data from its ambit.

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Author vs. Editor: Who owns the copyright? The German Federal Supreme Court (BGH) just decided on a dispute worthy of a Shakespearean drama (minus the tights). An author's right to recognition of authorship is protected even if the denial or claim of authorship is only expressed to the author themselves. This means that an author can take legal action against someone who disputes their authorship, even if the dispute is not made public. 🟪The decision is based on the principle that an author's personality right is infringed by any denial or claim of authorship. This right is protected by Section 13 Satz 1 of the German Copyright Act (Urheberrechtsgesetz, UrhG). 🟧The decision is significant because it clarifies the scope of an author's right to recognition of authorship. It means that authors can now take legal action to protect their rights even if the dispute is not made public. Moral of the story? Respect the pen🙂 and give credit where credit's due! ⚖️ #copyright #authorship #writinglife

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Thank you Katharina Weimer of Fieldfisher Germany for you insightful article on the CJEU #Schufa case on decision-making based on automated processing, published now in Privacy Laws & Business International Report. See extract at https://lnkd.in/eQzfaaJp #GDPR #privacy #dataprotection #germany #creditscoring

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Consent Withdraw The decision of the Higher Regional Court (OLG) of Koblenz on July 31, 2024, in the case 4 U 238/23 illustrates an interesting exception in #data #protection #law, particularly regarding the revocation of #consent. Although Article 17 of the #GDPR generally protects the right to withdraw consent for the processing of personal data, this case demonstrates that there can be situations where revocation is excluded. 🎦 In the case at hand, consent for the publication of #videos made during company events was based on two legal foundations: the GDPR and the German Copyright Act for Works of Art (#KunstUrhG). It is particularly noteworthy that the consent declaration explicitly stated that once given, it could no longer be revoked. This creates a special case, as the possibility of revocation usually exists. 📚 The decision of the #OLG Koblenz thus shows that, in individual cases, it depends on how the consent declaration is structured and whether there are specific legal provisions that limit the right of revocation. The interaction between the GDPR and national laws such as the KunstUrhG can also play a role here. 💡This case highlights the importance of a precise and individualized review of the consent situation, especially when different legal norms are involved. #DPO should therefore carefully consider the wording in consent declarations and examine their scope. https://lnkd.in/eSDxz92J

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The EU’s DG COMP published its SEPs licensing Amicus in re HMD/EVS (see enclosed German original).   This Amicus is strategically important, as the EU positions generally applicable guidance as to how it believes Huawei/ZTE is to be interpreted, i.e. it goes well-beyond the HMD/EVS matter, and it does so in a clear effort to support the SEP implementers’ position (see below). Also, the EU “encourages” the Munich OLG to refer the matter to the CJEU “in the event of continuing uncertainties”, a clear threat the EU is set to push this to the highest levels and expose the German courts in case of non-compliance (see para 14).   On the EU interpretation of how Huawei/ZTE should be applied, the key point is that the various steps laid out by the CJEU in the Huawei/ZTE judgment to be followed for SEP licensing are consequential and must be concluded in the specific order as set out by the CJEU in order to trigger the next step in the sequence – no injunction before a proper infringement notice is served, and willingness does not preclude fighting essentiality / validity.   Clearly, the EU’s antitrust watchdogs from DG COMP are ready to flex their muscle, and they are not leaving the SEP licensing approach to be determined only by DG GROW / the EU SEPs Regulation. To be watched.     #patente #antitrust #kartellrecht #competitionlaw #seps #intellectualproperty

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Welcome to November everyone! 😊 We have brought our readers another interesting eDiscovery ruling: In Dale v. Deutsche Telekom AG, the Judge emphasized proportionality in discovery, ruling against the inclusion of in-house counsel as custodians due to their limited relevance to the case's core issues and the logistical burdens of privilege review. This decision highlights the importance of carefully justifying custodian lists under Rule 26 and reflects a broader trend toward data-focused, rather than custodian-based, discovery in complex litigation. To read more, click on the link below and follow Intellectual Data for the newest eDiscovery updates!👇 https://lnkd.in/gHHSxyvS 🌏A Trusted E-Discovery Partner, Intellectual Data https://lnkd.in/gJzAyPYc   #ediscovery #e디스커버리 #이디스커버리 #legal #리걸 #legaltech #리걸테크 #특허소송 #국제특허소송 #국제소송 #특허분쟁 #국제특허분쟁 #인텔렉추얼데이터

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The complexity of the many facets of communication to the public in German law is discussed in IPKat’s blog about the CJEU’s recent decisions. If you are curious, take a read 📖©️

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💣 BREAKING - Judgment in *Kneschke v LAION* on TDM, machine-readable opt-outs and temporary copies. The Hamburg Court dismissed the claim. The claim related to LAION's dataset of URLs and descriptions of >5 billion images (and used by some developers of GenAI). Kneschke, a photographer, brought a claim of copyright infringement over an image accessed by LAION via a photo agency website. The key findings (based on a machine translation) appear to be: 🔹 LAION's acts would be infringement but for an exception. (LAION downloaded the image from the internet, processed to determine if it matched its description and deleted it.) 🔹 The acts were outside the "temporary acts of reproduction" exception (s.44a of the German Copyright Act). LAION did not show that the reproduction was fleeting or that deletion was automatic. 🔹 LAION's acts fell within the text and data mining (TDM) exception for scientific research purposes (s.60d). This depended on the nature of the activity, not on how LAION was organised or financed. It was not relevant that companies used the LAION dataset for commercial purposes. Some of the LAION team were also employed by one such company, but it was not shown that this company exerted influence on LAION or had preferential access to the findings of the research (which would take the research outside s.60d). 🔹 Because s.60d applied, the Court did not need to make final decisions on whether the acts fell within the exception for commercial TDM (s.44b). But the judgment describes this as doubtful ("zweifelhaft"). - The Court held that LAION's acts fell within the literal definition of TDM, specifically "automated analysis ... for ... gathering ... correlations": LAION used software to check whether the image conformed to its description before including it in the dataset. - The Court cited arguments that TDM excludes mining of expressive content. It raised doubts that these arguments are convincing, held that TDM in the DSM Directive is not necessarily limited to technology then "on the radar" and noted that the AI Act treats TDM as applying to General Purpose AI. It also suggested that the ultimate use made of the dataset is not determinative: when the dataset was compiled it was not foreseeable that it would be used successfully to train artificial neural networks nor what content such AI would generate. - The Court considered prejudice to the interests of the rightholder (part of the 3-step test, A7 DSM and A5(4) InfoSoc) and suggested there was no prejudice from the dataset itself and that future uses of the dataset should not be relevant. 🔹 The Court made no final decisions over whether a restriction on the photo agency's website was a "reservation of use ... in a machine-readable format" under s.44b(3), but suggested reservations: - can be made by owners or their licensees; - need not specify TDM; - can apply to all the contents of a website; - can be natural language, given AI capabilities to understand this.

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#EDPB Opinion re management of sub-processors and subs of the subs and their subs and so on ... clue: it's a THING if you are a controller! A great summary from Robert Bateman, an ace writer and data protection expert. 🌟 #dataprotection #dataprivacy #personaldata

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Last week, our partner Robert Straubmeier shared expert insights on 'Manager Liability in Insolvency' at a lecture hosted by the Deutsches Anwaltsinstitut e. V..   Robert delved into the legal requirements of the key liability provisions that managers can face in insolvency scenarios, took a deep dive into the best litigation tactics from his years of experience - both from the perspective of a plaintiff insolvency administrator and a sued manager -, and highlighted how to deal with D&O insurance in a variety of constellations. Participants from diverse backgrounds (insolvency administrators, lawyers and in-house counsel) engaged in fruitful discussions.   Thanks to the Deutsches Anwaltsinstitut e. V. for organizing, and to all attendees for their interest and input.   Missed the lecture? Catch it again on December 6, 2024. Register here: https://lnkd.in/dPJ48EdH #insolvencylaw #insolvencylitigation #litigation #Knowhow #Insolvenzrecht #managerhaftung #WUM  

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First UPC infringement judgment on the merits! #unifiedpatentcourt #upc #UPCJudgment #PatentLaw #IntellectualProperty #PatentLitigation

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In this latest episode of the PrivacyRules #Privacyespresso series, we are joined by Dr. Volker Wodianka, LL.M. from the law firm Wodianka privacy legal GmbH, the German law firm member of PrivacyRules. In this episode, we discuss the new discussion paper released by the Hamburg Commissioner of #DataProtection and Freedom of Information, focusing on general data protection and large language models (LLMs). Key highlights: - The relationship between #GDPR and LLMs, as outlined by the Hamburg data protection authority. - The potential implications of #LLMs not being considered data processing under GDPR. - The exclusion of LLMs from data subject rights, such as access and correction. - The requirement for AI systems to comply with GDPR, even if LLMs do not fall under its scope. Volker provides valuable insights into these developments, emphasizing the importance of monitoring the positions of various authorities and understanding the practical consequences for companies operating in this space. For more details: We highly recommend reading the Hamburg authority's discussion paper, which delves into these topics with both technical and legal expertise. This episode is essential for anyone involved in #dataprivacy, data protection, and #AI technologies. Tune in to the full episode and join the conversation to stay ahead in the world of privacy and #data protection. Listen to the full episode 👉 https://bit.ly/3AhnStF

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