Last Friday, the German legislator passed the highly disputed new German Data Retention Act (“GDRA”). The topic has a certain history in Germany as in 2010 the German Constitutional Court declared the previous data retention act invalid. The new GDRA puts quite extensive storage obligations on telecommunications providers. It is expected that claims seeking invalidation of this new GDRA will be launched very soon. In more detail, the act provides for the following: Telecommunication Services - storage of the following data:
  • Numbers of caller and called person;
  • Date, start and end of connection;
  • Location data (stored only for four weeks); and
  • SMS: inevitably, content will also have to be stored.
Internet Services - storage of the following data:
  • IP-address;
  • Identification of telephone connection; and
  • Date, start and end of connection.
Stored data may only be used on the basis of a judicial order for prosecution of severe criminal offences, such as formation of a terrorist group, murder or sexual abuse. The full … Continue Reading ››
Late on Friday 16 October, Europe’s data protection regulators issued an opinion enabling ongoing transfers of personal information from the EU to the US, at least for the time being. This followed on from the CJEU’s 6 October decision in the Schrems case that the so-called “safe harbor” regime used by more than 4000 US companies to legitimize the import of EU personal information was invalid. Following that decision a number of German data protection authorities ruled that “model clauses”, another mechanism used by thousands of other organisations to legitimize EU to US transfers, were also invalid. There was growing concern that the Article 29 Working Party, an influential body representing Europe’s data protection authorities, would follow the German approach creating more uncertainty and removing one of the few remaining limbs to support transfer. Businesses on both sides of the Atlantic can breathe a sigh of relief.  The opinion, although far from categorically … Continue Reading ››