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In Data Privacy

How the Cookie Crumbles: Max Schrems and nyob Issue Complaints to Companies on Cookie Consents

by , , and 3 Mins Read

On May 31, 2021, Max Schrems’ privacy organization, noyb (or “none of your business”), made over 500 complaints to companies related to what the organization called their “unlawful cookie banners.” Using automated scanning programs, nyob searched commonly used European websites and analyzed the cookie options provided on certain of these websites. nyob claims that it identified “more than fifteen common abuses” of cookie consent management, with some of the most prevalent “violations” identified as follows:…

In Data Privacy

Validity of consent coupled with free online services – Chair of EDPB opens a path

by 4 Mins Read

The Austrian Data Protection Authority, headed by the chair of the European Data Protection Board (EDPB), provided a clear way forward for advertising-based business models.Following a complaint against an Austrian newspaper, the Austrian Data Protection Authority (DPA) decided that the prohibition on making the provision of a service conditional on consent (“coupling prohibition”; Article 7(4) GDPR) can effectively be circumvented by additionally offering a consent-free equivalent service for a reasonable remuneration (case no. DSB-D122.931/0003-DSB/2018; the…

In EU GDPR

GDPR in Practice – Client Workshops

by 2 Mins Read

On April 28, the Baker McKenzie Munich office hosted a GDPR client workshop. The format of this workshop was kind of unique: Clients could submit questions relating to the interpretation and implementation of the GDPR in advance which were than discussed by the panel.The panel consisted of the president of the Bavarian Data Protection Authority, Mr. Thomas Kranig, Michael Schmidl, Partner in the Munich office, Julia Kaufmann, Partner in the Munich office, and Lothar Determann,…

In Data Privacy

Obtaining Consent – Guidance from German Data Protection Authorities

by 3 Mins Read

In March 2016, the Duesseldorfer Kreis, an association of the German data protection authorities, issued guidance on obtaining consent from data subjects (“Guidance”). The Guidance provides helpful instructions and recommendations for drafting consent forms when obtaining consent in written or electronic form and is available here (in German language). Businesses subject to German data protection law would be well advised to review and revise their consent forms in light of the Guidance. BackgroundIn many cases the…