More and more often law firms and legal tech providers advertise with "data protection" and "damages" to gain new clients who seek to take action against mobile phone providers. The accusation: The illegal transfer of so-called positive data to credit agencies such as the SCHUFA. In this context, clients are promised claims to compensation of up to 5.000 EUR. Especially regarding the decision made by the Landgericht München I (25th April 2023) and subsequent problems - such as the legal handling of service account data - the discussion concerning the legality of these business practices has intensified in recent months.

Prof. Dr. Benedikt Buchner and Karl Kuhn have detailed the legal principles governing this business model. In their newest article they discuss where the line is to be drawn between legitimate data protection interests and over-protected informational secrecy and conclude that data protection should not be used as an instrument to achieve commercial goals while endangering the legitimacy of data protection law.

Further information is available here (beck-online):

"Please choose how you would like to use our website". More and more digital users are confronted with this demand. They must choose between two alternatives: Either be charged for the use of the content with minimal collection of personal data or consent to the use of one's data - especially in regards to the use for personalised content and advertisement. This "Pay or Consent" business model - supported on principle by the CJEU holding it to be legal in essence - has been much discussed and criticised. However, not only its legality regarding the provisions of the GDPR are topic of conversations. Recently, the Commission of the EU has issued a statement in which they doubt the justification of "Pay or Consent" as to whether it stands in accordance with the Digital Markets Act. This criticism prompted the newest article authored by Prof. Dr. Benedikt Buchner and Dr. Alexander Pollithy.

Further information is available here (Juris):

The EARLY project - Evaluating, identifying and reducing determinants of mental health conditions in youth - aims to provide healthcare professionals and authorities with access to evidence-based, innovative and cost-effective interventions as well as to develop corresponding education and implementation strategies. The Chair of Prof. Dr. Buchner is examining data security and privacy aspects of collecting patient-related data in connection with mental health issues in young people.

Published by Prof. Dr. Jürgen Kühling, LL.M. and Prof. Dr. Benedikt Buchner, LL.M. (UCLA)

The leading Commentary on the GDPR and the BDSG has been published in its 4th Edition and is now accessible via beck-online.

Further information is available here:

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Edited by Benedikt Buchner and Thomas Petri.
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