Articles from Dr. Christina Blanken

12. Jul 2023 EU Commission adequacy decision on the USA - transfer of personal data to many US companies finally possible again with legal certainty

What happened?
The transfer of data to countries with a lower level of data protection than the EU - such as the USA to date - is generally prohibited. On Monday, July 10, 2023, the European Commission has now adopted an adequacy decision for secure and trustworthy data flows between the EU and the USA.

Digital & analog, IT law, copyright, e-commerce
29. Mar 2023 New procurement procedure for medical rehabilitation pursuant to Section 15 SGB VI and competition law The dual role of German pension insurance

A legal opinion commissioned by the Bundesverband Deutscher Privatkliniken e.V. (Federal Association of German Private Clinics) and various providers of rehabilitation facilities comes to the conclusion that the latest reform of Section 15 SGB VI is contrary to European law and unconstitutional due to a breach of competition law. In particular, the statements of the experts Brosius-Gersdorf and Gersdorf on European competition law are convincing and should encourage the legislator to reconsider the new occupancy and remuneration system:

Medical and social law
18. Nov 2020 Legal problems with platforms and portals in the medical and healthcare sector

In recent years - and not just since the coronavirus crisis - there have been more and more portals offering medical information or even medical services, such as second opinion portals, scientific information portals for patients or doctors, drug reviews and symptom checkers. Numerous new portals have emerged at short notice, especially now in Corona times, or are in the process of being created, e.g. telemedical offers, mediation portals such as appointment mediation. There are typical legal problems that need to be considered when advising such portals:

Digital & analog, IT law, copyright, e-commerce
30. Aug 2018 Injunctive relief against statements made by the Medical Service of the health insurance funds in expert opinions

According to a recent decision by the Reutlingen Social Court (decision of 13.08.2018 - S 1 KR 414/18 ER), which was obtained by VOELKER, action can be taken against false factual claims in expert reports or expert opinions by the MDK by way of an injunction.

Medical and social law
1. Jun 2016 Old trademarks: Late registration of goods and services until September 2016

In March 2016, the previous Community Trade Mark Regulation was replaced by the new European Union Trade Mark Regulation. This has resulted in a number of legal changes. Of particular importance for some existing trade marks is the subsequent registration of goods and services by September 2016 at the latest.

Digital & analog, IT law, copyright, e-commerce