Dr. Andreas Splittgerber

Firm/Organization: Reed Smith LLP

Blogs: FinTech Update, Real Estate Legal Update, Technology Law Dispatch

Latest Articles

German Parliament voted ‘Yes’ to Second GDPR Implementation Act

By Dr. Andreas Splittgerber, Sven Schonhofen & Dr. Alexander Hardinghaus on July 8, 2019

In a late night session on 28 June 2019, the German Parliament (Bundestag) passed the Second GDPR Implementation Act (2. Datenschutz-Anpassungs-und-Umsetzungsgesetz EU – 2. DSAnpUG-EU; the Act). The Act is available online in German here and here. For more information on the First German GDPR Implementation Act read our blog here. The Act will amend 154 German laws. It includes a list of all laws that will be amended on page 9. The changes…

Technology Law Dispatch

Get your Update on IT & Data Protection Law in our Newsletter (Spring 2019 Edition)

By Dr. Andreas Splittgerber & Sven Schonhofen on June 24, 2019

The Spring 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on cookies and tracking tools, Facebook fan pages, fines under GDPR, influencer marketing, email encryption, platform provider obligations, framing, the new German Trade Secrets Act, and more. The newsletter also includes multiple recommended reads on publications of the German supervisory authorities and the European Data Protection Board. We hope you enjoy reading…

Technology Law Dispatch

Celebrating GDPR’s anniversary and preparing for year two

By Cynthia O’Donoghue, Dr. Andreas Splittgerber, Elle Todd, Katalina Bateman, John O'Brien & Friederike Detmering on June 3, 2019

25 May 2019 was GDPR’s first birthday. Since its introduction, privacy and data protection issues have continued to dominate public debate and regulators have signalled that large fines for non-compliance are imminent. Now is an opportune time to review your privacy and data protection regimes. We have more regulatory guidance and case law than we did a year ago, and practices may well have bedded in within your organisation over the last year. With this…

Technology Law Dispatch

One year of GDPR – How have EU member states implemented and enforced the new data protection regime?

By Friederike Detmering & Dr. Andreas Splittgerber on May 30, 2019

The GDPR just had its first birthday. Before the GDPR became effective, organisations were anxious because the Regulation provides for heavy penalties. But was their anxiety justified? And as a first step, how have EU member states themselves implemented the GDPR? This article will provide short answers to these questions. Local implementation efforts Although the GDPR intended to unify data protection law within the EU, it permits EU member states to implement stricter local rules…

Technology Law Dispatch

Get your update on IT & Data Protection Law in our Newsletter (Winter 2019 edition)

By Dr. Andreas Splittgerber & Sven Schonhofen on March 18, 2019

The Winter 2019 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook Custom Audiences, social plug-ins, influencer advertising, withdrawal right information, the EU copyright law reform and more. The newsletter also includes multiple recommended reads on the GDPR. We hope you enjoy reading it.…

Technology Law Dispatch

German supervisory authority audited 40 websites on the use of tracking tools – and none of them was compliant

By Dr. Philipp Süss, Dr. Thomas Fischl, Dr. Andreas Splittgerber & Sven Schonhofen on February 7, 2019

The Bavarian Data Protection Authority (‘Bavarian DPA’) audited major Bavarian websites for their use of tracking tools on Safer Internet Day. It calls its findings “desolate”. None of the tracking tools were implemented in a compliant manner. Audit by the Bavarian DPA Tracking and the requirements for using cookies have been a highly debated topic by the EU data protection authorities since last spring. The Conference of German Data Protection Authorities released a position paper…

Technology Law Dispatch

Update on Facebook fan pages: What should organisations do after the release of Facebook’s co-controller agreement?

By Dr. Andreas Splittgerber, Sven Schonhofen & Dr. Thomas Fischl on November 19, 2018

After another statement by the German Data Protection Authorities (German DPAs) of 5 September 2018 (Statement, available in English here), stating that the operation of a fan page as offered by Facebook was illegal, Facebook reacted “overnight” and released a co-controller agreement, the “Page Insights Controller Addendum” (Insights Addendum, available here). In a press release of 16 November 2018 (Press Release, available in German here), the Berlin Data Protection Authority (Berlin DPA)…

Technology Law Dispatch

Get your update on IT & Data Protection Law in our Newsletter (Fall 2018 edition)

By Dr. Andreas Splittgerber & Sven Schonhofen on November 15, 2018

The Fall 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, the right to be forgotten, cease and desists by competitors under GDPR, spamming and customer satisfaction surveys, the German Network Enforcement Act, and more. The newsletter also includes multiple recommended reads on the GDPR. We hope you enjoy reading it.…

Technology Law Dispatch

Germany: Berlin court holds that bitcoin is not a financial instrument contrary to the practice of the financial regulator

By Dr. Andreas Splittgerber, Dr. Simon G. Grieser & Jane Grinblat on October 29, 2018

The German regulatory practice has been to treat bitcoin as a unit of account and thus a financial instrument. Consequently, commercial services involving bitcoin and other cryptocurrencies (including trading, brokerage, operating exchanges, investment advisory ) are regulated activities, requiring the relevant authorisation of Germany’s Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, or BaFin). On 25 September 2018 the Higher Regional Court of Berlin decided that bitcoin is not a financial instrument and that the operation of…

FinTech Update

German criminal court defies regulatory practice of the financial regulator (BaFin) ruling that Bitcoins are not financial instruments

By Dr. Andreas Splittgerber, Dr. Simon G. Grieser & Jane Grinblat on October 25, 2018

Unlike in most other European jurisdictions the regulatory practice in Germany has been to treat Bitcoins as units of account and as such financial instruments pursuant to Section 1 German Banking Act (Kreditwesengesetz, “KWG”). The practical consequence of this is that most commercial services surrounding Bitcoins and other cryptocurrencies (including trading, brokerage, operating exchanges, investment advisory etc.) will be regulated activities, requiring the relevant authorisation (licence) of the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht,…

Dr. Andreas Splittgerber

German Parliament voted ‘Yes’ to Second GDPR Implementation Act

Get your Update on IT & Data Protection Law in our Newsletter (Spring 2019 Edition)

Celebrating GDPR’s anniversary and preparing for year two

One year of GDPR – How have EU member states implemented and enforced the new data protection regime?

Get your update on IT & Data Protection Law in our Newsletter (Winter 2019 edition)

German supervisory authority audited 40 websites on the use of tracking tools – and none of them was compliant

Update on Facebook fan pages: What should organisations do after the release of Facebook’s co-controller agreement?

Get your update on IT & Data Protection Law in our Newsletter (Fall 2018 edition)

Germany: Berlin court holds that bitcoin is not a financial instrument contrary to the practice of the financial regulator

German criminal court defies regulatory practice of the financial regulator (BaFin) ruling that Bitcoins are not financial instruments

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