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Dr. Claus Färber focuses his practice on all legal aspects related to the telecoms, media and technology industries and is a member of the German Telecom, Media and Technology (TMT) practice group in Munich. Claus advises on major cooperation and framework agreements in IT, ecommerce and communications, such as internet access in aircraft, Wi-Fi hotspots, roaming, cloud platforms and machine-to-machine communications (M2M). These projects often break new grounds from a technological and commercial as well as legal view and regularly touch multiple sectors of the law, including telecommunications, information technology and intellectual property law, and also require an understanding of the economic technological background. Read Dr. Claus Färber's full bio.

On 19 October 2016, the European Court of Justice (ECJ) held (Case C-582/14 – Breyer v Federal Republic of Germany) that dynamic IP addresses may constitute personal data. The ECJ also held that a website operator may collect and process IP addresses for the purpose of protecting itself against cyberattacks, because in the view of the Court, preventing cyberattacks may be a legitimate interest of a website operator in its effort to continue the operability of its website.

The ECJ’s ruling was based on two questions referred to it by the German Federal Court of Justice (BGH). In the underlying German proceedings, a member of the German Pirate Party challenged the German Federal Government’s logging and subsequent use of his dynamic Internet Protocol (IP) address when visiting their websites. While the government is a public authority, the case was argued on the basis of German provisions that address both public and private website operators, and is therefore directly relevant for commercial companies.

Continue Reading ECJ Confirms Dynamic IP Address May Constitute Personal Data But Can Be Logged to Combat Cyberattacks

With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and EU and European Economic Area (EEA) countries is at risk. Even though Brexit will likely have the biggest impact on the financial sector, businesses in the United Kingdom that rely on the free flow of personal data to and from EU nations will also be affected. In particular, should the United Kingdom also leave the EEA and thus become a “third country” for the purposes of data protection laws, transfers to data processors in the United Kingdom would have to be based on an adequacy decision of the European Commission, standard contractual clauses (model contracts) or binding corporate rules.

Read the full article here.