GDPR enforcement trends in German privacy practice
Lars Lensdorf, Moritz Hüsch and Evangelos Karalias of Covington & Burling report on the evolving legal environment in Germany.
The number of data protection enforcement proceedings has been increasing constantly over the years, a trend that is expected to persist. This increase applies not only to the frequency of proceedings but also to the size of the fines imposed. Significant factors driving the anticipated continuation of this trend are the various new decisions by the European Court of Justice (ECJ) and the Federal Court of Justice (BGH) in relation to the interpretation of the GDPR and national data protection laws. In this article, we explain some key decisions of the ECJ and the BGH and illustrate their possible impact on enforcement practice.
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