Articles from Dr. Gerrit Hötzel

24. Jun 2020 Internet gambling and the new Interstate Gambling Treaty 2021

In March 2020, the state governments adopted a new GlüStV for 2021 ("GlüStV-2021"). What applies to online gambling under the current law and the new GlüStV-2021? Has the expected liberalization of gambling law taken place?

IP/IT Stuttgart
16. Jun 2020 Data protection conference: New requirements for Google Analytics

The Conference of Independent Federal and State Data Protection Supervisory Authorities (DSK) has recently passed a resolution on the use of Google Analytics. This contains a number of clarifications, which are not surprising given the latest developments in case law. In particular, it is important that the DSK assumes that no more data processing agreements may be concluded with Google.

IP/IT Stuttgart
29. May 2020 Data Protection Conference (DSK): Guidance on e-mail security

The Conference of Independent Federal and State Data Protection Authorities (Data Protection Conference) has recently published its guidance on the design of IT security for emails. Bavaria voted against this position.

IP/IT Stuttgart
29. May 2020 Artificial intelligence (AI), algorithms, data and GDPR What applies to artificial intelligence data?

Much in the field of artificial intelligence (AI) is still legally unclear. Of particular interest at present is what applies with regard to the data used to train an artificial intelligence and what applies legally with regard to the fully trained artificial intelligence in which the training data is contained in some form (e.g. the algorithm).

IP/IT Stuttgart
29. May 2020 Overview Data Protection Conference (DSK): Guidance on e-mail security

The Conference of Independent Federal and State Data Protection Authorities (Data Protection Conference) has recently published its guidance on the design of IT security for emails. Bavaria voted against this position.

IP/IT Stuttgart
28. May 2020 Designing the home office in compliance with data protection regulations Data protection

Due to the coronavirus pandemic, many companies have temporarily moved their employees to work from home. Numerous processes that have been finely balanced in the company since the GDPR came into force in 2018 have been disrupted as a result. At the beginning of the pandemic, the data protection supervisory authorities had indicated that they would be lenient. However, this initial leniency is likely to end now that there has been sufficient time to make the necessary data protection arrangements. So what needs to be done in terms of data protection law?

IP/IT Stuttgart
30. Mar 2020 GDPR: Video telephony in times of COVID-19 Use of solutions for video conferencing

On March 27, 2020, the State Commissioner for Data Protection and Freedom of Information Baden-Württemberg (LfDI BW) published a statement on the use of remote communication tools (e.g. video telephony) from a data protection perspective.

IP/IT Stuttgart
25. Mar 2020 GDPR infringement by home office in the case of data processing agreements (DPAs)

Many companies commission third parties to provide technical and other services. For example, a company U can commission an IT system house or a software supplier to provide maintenance and servicing services for software and hardware. Similarly, external marketing companies can be commissioned for newsletter campaigns. In order to comply with the requirements of the GDPR with regard to personal data, an agreement is often concluded for the processing of data on behalf (order processing; AVV for short). This is now causing difficulties in the event of a sudden home office.

IP/IT Stuttgart
18. Mar 2020 Coronavirus and data protection Questions for employees, reporting obligations and risks when working from home

In many companies, the coronavirus pandemic (the Sars-CoV-2 virus or COVID-19 disease) has led to ad hoc changes to established operating procedures. Numerous measures relate to data protection. Some of the most frequently asked practical questions are addressed below:

IP/IT Stuttgart
10. Oct 2019 Docker open source software and open source licenses FOSS compliance / open source compliance

If open source software is used, the license conditions for the open source software must be complied with. This is nothing new. However, what applies when open source software is used in the context of container virtualizations such as Docker through Docker images, etc. - what licensing requirements must now be observed?

IP/IT Stuttgart
17. Apr 2019 Open Innovation The future without NDA?

The term "open innovation" or "open innovation" refers to the idea that it is better for the innovation process, i.e. the development of expertise, ideas, etc., to exchange ideas with other companies openly and without restrictions. This is in contrast to "closed innovation", which essentially consists of purely in-house research and development. Open innovation is often equated with a waiver of non-disclosure agreements ("NDA") and cooperation agreements. However, there are also nuances to open innovation, which are examined in more detail below.

IP/IT Stuttgart
2. Feb 2018 SaaS (Software as a Service) / AGB / Nutzungsbedingungen

Moderne Onlineplattformen sind oftmals als ein Software as a Service (SaaS) ausgestaltet. Wirtschaftlich ist damit das Ziel verbunden, dem Kunden eine Dienstleistung anzubieten und ihn von dem Aufwand von Wartung und Pflege zu entlasten. Der Vertrag ist dabei als Dauerschuldverhältnis ausgestaltet, bei der die Vergütung nach bestimmten Zeiteinheiten (oftmals monatlich oder jährlich) zu bezahlen ist. Aber wie sind die AGB zu gestalten und welche rechtlichen Anforderungen bestehen dabei?

IP/IT Stuttgart

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