Ramona Kimmich

Firm/Organization: Reed Smith LLP

Latest Articles

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

By Dr. Andreas Splittgerber, Cynthia O’Donoghue, Ramona Kimmich & Daniel Millard

October 7, 2019

In its judgment of 1 October 2019, the European Court of Justice (ECJ) decided on cookie consent requirements under the General Data Protection Regulation 2016/679/EU (GDPR) and the Cookie Directive 2002/58/EC (Cookie Directive) (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (the Judgment)). The ECJ set clear requirements on what cookie consent must look like. However, the requirements for when websites must ask for cookie consent may vary from…

Technology Law Dispatch

Transparency requirements for influencers in Germany, the United Kingdom and the United States

By John P. Feldman, Nick Breen, Dr. Alexander Hardinghaus & Ramona Kimmich

May 16, 2019

They are the stars of the young generation, brand ambassadors for organizations and leaders on social media: influencers. With their strong presence on social media channels such as Facebook, Instagram or Twitter, influencers have a power that pays off. Thousands of users follow the day-to-day posts of their role models. Influencers are becoming increasingly important for organizations as well and are developing into indispensable communication carriers of marketing. Accordingly, many organizations cooperate with influencers as…

Technology Law Dispatch

How (not) to restrict GDPR access requests in employment proceedings – German court establishes high threshold

By Ramona Kimmich, Dr. Thomas Fischl & Jan Weißgerber

April 1, 2019

Procedural laws and principles contain a clear concept regarding which party must present and prove what information in court proceedings. Claimants in employment proceedings currently try to use the right to access of data subjects under Article 15 GDPR to shake this concept up. Judgment of the Higher Labour Court of Baden-Württemberg On 20 December 2018, the Higher Labour Court of Baden-Württemberg (Landesarbeitsgericht Baden-Wuerttemberg – “LAG”) had to decide on the scope and exceptions of…

Technology Law Dispatch

German Interstate Treaty on Gambling under revision: Additional sports betting licenses may be available soon

By Dr. Alexander Hardinghaus, Dr. Philipp Süss & Ramona Kimmich

March 12, 2019

Recently, a draft for the 3rd Amendment to the German Interstate Treaty on Gambling (Staatsvertrag zum Glücksspielwesen in Deutschland – “GlueStV”) has been published (“3rd Amendment”). The draft for the 3rd Amendment is available in German here. Proposed changes under the draft for the 3rd Amendment The key changes under the proposed 3rd Amendment are as follows: The current version of the GlueStV contains a rather restrictive quota for governmental sports betting licenses in…

Technology Law Dispatch

German State Media Authorities issue new guidance paper on marking adverts on social media

By Dr. Philipp Süss, Dr. Alexander Hardinghaus & Ramona Kimmich

November 25, 2018

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Recently, the German media regulators, the State Media Authorities (Landesmedienanstalten), issued a joint guidance paper on marking adverts on social media, which is available in German language here (Leitfaden der Medienanstalten, Werbekennzeichnung bei Social Media-Angeboten; “Guidance Paper”). The Guidance Paper replaces the State Media Authorities’ earlier FAQs. It is intended to help organisations and individuals to comply with the applicable statutory provisions on marking adverts and separating adverts from other content on social media, taking…

Technology Law Dispatch

CJEU decides on re-posting of protected content

By Sven Schonhofen, Ramona Kimmich & Dr. Alexander Hardinghaus

August 13, 2018

On 7 August 2018, the Court of Justice of the European Union (“CJEU”) has released another judgment (surprisingly its first copyright judgment of 2018) on the interpretation of the right of communication to the public (case no. C-161/17 – “Judgment”). The CJEU held that the unauthorised re-posting of copyright protected works may constitute an act of communication to the public under Article 3(1) of Directive 2001/29/EC (InfoSoc Directive). Facts The fact pattern was very specific.…

Technology Law Dispatch

Court of Appeals Berlin decides on the obligation to provide technical protection against framing

By Sven Schonhofen, Ramona Kimmich & Dr. Alexander Hardinghaus

August 1, 2018

In a judgment of 18 June 2018, case 24 U 146/17, the Berlin Court of Appeals (Kammergericht Berlin – Court of Appeals) held that collecting societies shall grant the right of use of their picture inventory as thumbnails even if these pictures can be ‘framed’ by third parties and the prospective licensee does not commit to prevent this use by technical means. This case will most likely now go to Germany’s Federal Supreme Court…

Technology Law Dispatch

German Federal Supreme Court: Facebook account passes to heirs

By Dr. Alexander Hardinghaus, Ramona Kimmich & Dr. Philipp Süss

July 12, 2018

On 12 July 2018, the German Federal Supreme Court (Bundesgerichtshof – “BGH”) ruled that a Facebook user account passes to the user’s heirs (Case no. III ZR 183/17). This is the first time the BGH has had the opportunity to deal with the provisions of the new EU General Data Protection Regulation 2016/679 (“GDPR”). While the full judgment has not yet been published, the BGH’s press release of the same date gives some insight into the BGH’s considerations:…

Ramona Kimmich

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

Transparency requirements for influencers in Germany, the United Kingdom and the United States

How (not) to restrict GDPR access requests in employment proceedings – German court establishes high threshold

German Interstate Treaty on Gambling under revision: Additional sports betting licenses may be available soon

German State Media Authorities issue new guidance paper on marking adverts on social media

CJEU decides on re-posting of protected content

Court of Appeals Berlin decides on the obligation to provide technical protection against framing

German Federal Supreme Court: Facebook account passes to heirs

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