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Data protection issues have become more important in the area of legal counseling. In consideration of the increasingly complex legal requirements, the need for legal advice has increased, be it with regard to the always virulent question of how to transport data to a country outside of the EU, for example because of a US-based “software as a service” (SaaS) provider, or only the drafting of a declaration of consent for advertising campaigns in Germany.
Data protection, which is seen as part of an extended intellectual property concept, considers the data of the parties involved as an independent property right. We take this into account in our advisement. An infringement of data protection regulations may have serious legal consequences and should not be considered a trivial offence. A legally compliant use of third-party data requires knowledge of the applicable international rules and regulations.
We advise, in particular, about the application of the German Data Protection Law when data is used across borders, for example through the Internet, and with regard to questions that arise when data is transmitted to other countries, in particular non-EU countries (Safe Harbour Principles). Our expertise goes from marketing and data protection law governing the use of third-party data for advertising purposes to the requirements of Internet data protection (telecommunication law, media services law and telecommunication data protection law) for the use of the data procured.
We also provide assistance with regard to the duty of Internet service providers and/or access providers to provide information in the event of infringements by users as well as the drafting of contractual documents such as declarations of consent regarding the use of data. The assistance with corporate data protection audits and the definition of formal requirements for companies handling third-party data are part of our specialties. We also regularly offer training classes and seminars in this area.