Extensive European and German regulations on data and consumer protection and the protection of minors help the groups being protected but also can create legal uncertainty, costs and bureaucracy. Accusations of the infringement of these protective regulations are frequently made by competitors, customers or competition watchdogs, with expensive official warnings being issued and even criminal proceedings instituted by the German government.
The use of modern means of communication, efficient technologies and programs, the opening up of new customer groups, and the digitization of data, knowledge and information have all resulted in greater market penetration, increasing turnovers and profits. But it has also increased the danger of statutory violations, particularly in the extremely complicated fields of German legislation governing the protection of data, consumers and minors. This includes the special information saving and disclosure obligations of an Internet portal operator, the regulation of advertising, monitoring the Internet behavior of employees, the treatment of personal data when outsourcing, and the marketing of video and computer games. The main focus of the advice and support we provide is the client’s relationship with customers, supervisory authorities, watchdogs and competitors in complying with data and consumer protection legislation, as well as the laws on the protection of minors.
These are difficult areas of law to advise on because of both how quickly the law changes and the emotional nature of subject areas.Mistakes because of unfamiliarity with the relevant German laws in the areas of protecting data, consumer protection, or the protection of minors, can be expensive, damaging and embarrassing.We are involved with these issues on a regular basis, our analyses are widely disseminated; our counsel can be trusted.