Reed Smith celebrates David Cohen’s Lifetime Achievement and Madeline Boyer’s Monica Bay awards Reed Smith has been named to the elite GAR 30 list for 7th consecutive year recognizing its excellence in international arbitration In its first leading judgment (decision of November 18, 2024, docket no.: VI ZR 10/24) the German Federal Court of Justice (BGH) dealt with claims for non-material damages pursuant to Art a proven loss of control or well-founded fear of misuse of the scraped data by third parties is sufficient to establish non-material damage The BGH therefore bases its interpretation of the concept of damages on the case law of the CJEU but does not provide a clear definition and leaves many questions unanswered discuss this judgment and offer insights for organizations and platforms on what to expect in the future a podcast brought to you by Reed Smith's Emerging Technologies Group we will discuss cutting-edge issues on technology We will provide practical observations on a wide variety of technology and data topics to give you quick and actionable tips to address the issues you are dealing with every day.  and welcome to today's episode of our Reed Smith Tech Law Talks podcast we'll discuss the recent decision of the German Federal Court of Justice on compensation payments following a data breach or data scraping I'm partner at Reed Smith's Munich office in the Emerging Technologies Department And I'm here today with Hannah von Wickede from our Frankfurt office Hannah is also a specialist in data protection and data litigation also from the emerging technologies team and tech litigator Thanks for taking the time and diving a bit into this breathtaking case law Just to catch everyone up and bring everyone on the same speed it was a case decided by the German highest civil court in an action brought by a user of a social platform who wanted damages after his personal data was scraped by a hacker from that social media network And that was done through using the telephone number or trying out any kind of numbers through a technical fault probably the hackers could download a couple of million data sets from users of that platform And the user then started an action before the civil court claiming for damages And this case was then referred to the highest court in Germany because of the legal difficulties do you want to briefly summarize the main legal findings and outcomes of this decision?  the FCJ provided its own definition of what a non-material damage under Article 82 GDPR is They are saying that mere loss of control can constitute a non-material damage under Article 82 GDPR And if such a loss of the plaintiffs is not verifiable that also justified fear of personal data being misused can constitute a non-material damage under GDPR So both is pretty much in line with what the ECJ already has said about non-material damages in the past the FCJ makes also a statement regarding the amount of compensation for non-material damages following from scraping incident And this is quite interesting because according to the FCJ the amount of the claim for damages in such cases is around 100 euros FCJ also says both loss of control and reasonable apprehension must first be proven by the plaintiff.  Andy: So we have an immaterial damage that's important for everyone to know And the legal basis for the damage claim is Article 82 of the General Data Protection Regulation there was some ECJ case law in the past on similar cases can you give us a brief summary on what these rulings were about does the FCJ bring new aspects to these cases Or is it very much in line with the European Court of Justice that already?  So there was a little clarification in this regard it's been unclear whether the loss of control itself constitutes the damage or whether the loss of control is a mere negative consequence that may constitute non-material damage So now the Federal Court of Justice ruled that the mere loss of control constitutes the direct damage So there's no need for any particular fear or anxiety to be present for a claim to exist.  So we read a bit in the press after the decision It stays very close to what the European Court of Justice said already And I would have hoped FCJ provides some more clarity or guidance on what they mean What does the court say or how can we interpret that?  discussion will most likely tend to focus on what actually constitutes a loss of control So the FCJ does not provide any guidance here it can already be said the plaintiff must have had the control over his data to actually lose it So whether this is the case is particularly questionable if the actual scrape data was public like in a lot of cases where we have in Germany right here and or if the data was already included in other leaks or the plaintiff published the data on another platform maybe on his website or another social network where the data was freely accessible it will probably depend on the individual case if there was actually a loss of control or not And we'll just have to wait on more judgments in Germany or in Europe to define loss of control in more detail.  I think that's also a very important aspect of this case that was decided here that the major cornerstones of the claim were established So it was undisputed that the claimant was a user of the network It was undisputed that the scraping took place It was undisputed that the user's data was affected part of the scraping And then also the user's data was found in the dark web it means that the parties did not dispute about it and the court could base their legal reasoning on these facts Often you perhaps you don't even know that the claimant is user of that network There's always dispute or often dispute around whether or not a scraping or a data breach took place or not It's also not always the case that data is found in the dark web is not like a written criteria of the loss of control I think it definitely is an aspect for the courts to say there was loss of control because we see that the data was uncontrolled in the dark web I don't know if any of you have views on this the data in the dark web is from this social platform users are affected by multiple data breaches or scrapings and then it's not possible to make this causal link between one specific scraping or data breach and then data being found somewhere in the web that this could be an important aspect in the future when courts determine the loss of control because it was already mentioned that the plaintiffs must first prove that there is a causal damage And a lot of the plaintiffs are using various databases that list such alleged breaches and the plaintiffs always claim that this would indicate such a causal link this is now a decisive point the courts have to handle Before you get to the damage and before you can decide if there was a damage you have to prove if the plaintiff even was affected that's a challenge and not easy in practice because there's also a lot of case law already about these databases or on those databases that there might not be sufficient proof for the plaintiffs being affected by alleged data breaches or leaks.  So let's see what's happening also in other countries So other countries in Europe will have to deal with the same topics We cannot come up with our German requirements or interpretation of immaterial damages that are rather narrow any other indications you see from the European angle that we need to have in mind?  And yet first it is important that this concept of immaterial damage is EU law the ECJ has always interpreted this damage very broadly And does also not consider a threshold to be necessary And I agree with you that it is difficult to set such low requirements for the concept of damage and at the same time not demand materiality or a threshold the Federal Court of Justice should perhaps have made a submission here to the ECJ after all because it is not clear what loss of control is this contributes a lot to legal insecurity for a lot of companies.  the first takeaway for us definitely is loss of control other interesting sentences or thoughts we see in the FCJ decision And one aspect I see or I saw is right at the beginning where the FCJ merges together two events The scraping and then a noncompliance with data access requests And that was based in that case on contract So those three events are kind of like merged together as one event which in my view doesn't make so much sense because they're separated from the event and also then from the damages from a non-compliance with an Article 15 I think it's much more difficult to argue with a damage loss of control than with a scraping or a data breach That that's not a major aspect of the decision but I think it was an interesting finding that you saw in the decision worth mentioning here for our audience?  Johannes: Yeah so I think discussion in Germany was really broadly so i think just just maybe two points have been neglected in the discussion so far the court stated that data controllers are not obliged to provide information about unknown recipients controllers often do not know who the scrapers are So there's no obligation for them to provide any names of scrapers they don't know That clarification is really helpful in possible litigation it's somewhat lost in the discussion that the damages of the 100 euros only come into consideration if the phone number the claim for damages can or must even be significantly lower.  but also other aspects in this decision that's worth mentioning and reading if you have the time you're involved in some similar litigation as well What's happening to those litigation cases in the future Will we still have law firms suing after social platforms or suing for consumers after social platforms Or do we expect any changes in that?  you always have to consider the business side So I think the ruling will likely put an end to the mass GDPR litigation as we know it in the past the plaintiffs have mostly appeared just with a legal expenses insurer So the damages were up to like 5,000 euros and other claims have been asserted So the value in dispute could be pushed to the edge So it was like maybe around 20,000 euros in the end But now it's clear that the potential damages in such scraping structures are more likely to be in the double-digit numbers the legal expenses insurers will no longer fund their claims for 5,000 euros the vast majority of legal expenses insurers have agreed to a deductible of more than 100 euros So the potential outcome and the risk of litigation are therefore disproportionate the plaintiffs will probably refrain from filing such lawsuits in the future.  So good news for all insurers in the audience or better watch out for requests for coverage of litigation and see if not the values in this cube are much too high So we will probably see less of insurance coverage cases we expect the same amount or perhaps even more litigation because the number as such seems certainly attractive for users as a so-called low-hanging fruit what is your recommendation or your takeaways to platforms any organization handling data can be affected by data scraping or a data breach So what is your recommendation or first thoughts How can those organizations get ready or ideally even avoid such litigation?  it is very important to clarify that the FCJ judgment is ruled on a specific case in which non-public data was made available to the public as a result of a proven breach of data protection So you should avoid simply apply this decision to every other case like a template because if other requirements following from the GDPR are missing platforms companies have to consider what they publish about their security vulnerabilities and take the best possible precautions to ensure that data is not published on the dark web companies can transfer the risk of publication to the user simply by adjusting their general terms and conditions.  These are interesting aspects and I see a little bit of conflict between the breach notification obligations under Article 33 And thank you very much to our audience for listening in This was today's episode of our EU Reed Smith Tech Law Talks podcast Please leave feedback and comments in the comments fields or send us an email We hope to welcome you soon to our next episode Outro: Tech Law Talks is a Reed Smith production Our producers are Ali McCardell and Shannon Ryan For more information about Reed Smith's emerging technologies practice Disclaimer: This podcast is provided for educational purposes It does not constitute legal advice and is not intended to establish an attorney-client relationship nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation Prior results do not guarantee a similar outcome or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers.  Looking to access paid articles across multiple policy topics Interested in policy insights for EU professional organisations Under this “targeted amendment” over-polluting EU carmakers will have three years instead of one to meet stricter emissions limits on new car sales either observed and verified directly by the reporter or reported and verified from knowledgeable sources Wickede: Smoke come out of an exhaust pipe of an BMW 1 Series at a workshop [Ina Fassbender/dpa (Photo by Ina Fassbender/picture alliance via Getty Images)] Donec et orci aliquet nisl suscipit molestie sed sit amet tortor Duis vel urna ac mi sollicitudin lacinia mollis sit amet lorem Sed finibus erat nec libero scelerisque fringilla Morbi at orci sed urna vulputate vulputate Get a subscription on Euractiv Pro and elevate your political insight led by Munich-based corporate partners Dr Nikolaus von Jacobs and Dr Germar Enders advised EMERAM on all legal aspects of the transaction except financing The Reed Smith team also comprised Matthias Weingut (corporate Dr Michaela Westrup (antitrust & competition Nadja Rünzel (antitrust & competition EMERAM is one of the leading growth investors for medium-sized companies in the German-speaking region Funds advised by EMERAM provide more than 800 million Euros in capital for the development of growing companies The portfolio includes companies from the technology/software value-added services and new consumer goods sectors Provital is a supplier of high-quality dog and cat food The company was acquired by Dr Thomas Brandner in 2006 and is based in Taufkirchen near Munich The company offers dog and cat food in the premium segment via a nationwide direct sales network (D2C) which will benefit from the increasing demand for quality products in the future Provital has grown faster than the market in recent years and has significantly expanded its market share in Germany and Austria The products are sold by more than 2,000 specialist advisors who offer professional advice and maintain a close relationship with their customers Reed Smith is a dynamic international law firm dedicated to helping clients move their businesses forward With an inclusive culture and innovative mindset more creative legal services that drive better outcomes for our clients long-standing relationships and collaborative structure make us the go-to partner for complex disputes For more information, please visit reedsmith.com Sign up for our daily Newsletter and stay up to date with all the latest news You are receiving this pop-up because this is the first time you are visiting our site You are using software which is blocking our advertisements (adblocker) we are relying on revenues from our banners So please disable your adblocker and reload the page to continue using this site.Thanks Packaging manufacturer Weber Verpackungen from Wickede/Ruhr (Germany) will be presenting completely new paper sleeve variants to visitors at IPM The company will be showcasing a wide range of packaging solutions for flowers Visitors can see the various material combinations and special shapes for themselves Thanks to various equipment and customization options the bloom guards can be adapted 100% to special customer requirements Visitors to the trade fair in Essen will also have the opportunity to find out more about the pot packer packaging machine The pot packer was developed and produced in-house by Weber and packs potted flowers and herbs so efficiently that horticultural businesses can significantly increase their productivity the same number of pots can be packed in a significantly shorter time The pot packer can pack up to 1400 pots per hour and can be operated with very little manpower This means that existing staff can be utilized efficiently and employees have time for value-adding tasks several pot packers can be synchronized in line and operated with low personnel capacity crease-free appearance of the packaged potted plants The pot packer is already in use at several horticultural businesses which have been able to achieve significant increases in productivity thanks to it In contrast to standard packaging machines on the market the pot packer is ideal for paper sleeves and can also be converted to film sleeves with very little effort As many horticultural businesses have already switched from film to paper sleeves in the interests of sustainability or are planning to do so the pot packer is the ideal machine solution for this target group Thanks to its simple operation and fast set-up IPM Essen will take place from 28-31 January 2025 in Essen For more information:WEBER VerpackungenEwald BouwmeisterEmail: [email protected]www.potpacker.de FreshPublishers © 2005-2025 FreshPlaza.com Thibault Spirlet is a human rights freelance journalist based in London whose work has been published in the Daily Express Victoria Tsvetkova burst into tears when she heard her asylum claim was denied in January.  fled Russia in the early days of Vladimir Putin’s full-scale invasion of Ukraine in February 2022 with her girlfriend Anna They applied for asylum in Finland in April 2022.   the Finnish immigration authorities denied her claim finding that she and her partner were not “at a risk of serious violations of rights” because they did not openly express their sexual orientation in Russia in the past.  “I cried a lot in front of the police officers because being told that in my face was more than I could handle — it was really awful,” Tsvetkova told The Parliament She appealed the decision in January and is expecting a decision by the summer.  Tsvetkova told the Finnish authorities that she and Anna did not have the right to get married live together or have children through IVF or adoption in Russia suicidal thoughts and panic attacks.  She argued that, as a private children’s tutor, she also risked being fined or even jailed if she ever revealed her sexual orientation to her employer, since Russia’s ban on ‘gay propaganda,’ expanded in late 2022 carries particularly heavy penalties for sharing information around LGBTQ+ themes with children And after volunteering with an LGBTQ+ organisation in Finland she said her prospects of being persecuted in Russia escalated Finnish authorities were essentially telling her and Anna to “hide” their sexual orientation in Russia: “You were able to hide yourself before so you will be able to do it again.”  Despite the hostilities between Russia and the EU, most borders remain open and asylum seekers are still able physically to travel to Europe, so long as they can obtain a visa. Finland has closed its land border with Russia and certain ports Russia’s land borders with other EU countries remain open.  I cried a lot in front of the police officers because being told that in my face was more than I could handle — it was really awful said the agency does not isolate data on LGBTQ+ asylum applicants as EU member states are not required to provide such information.  a Russian lesbian couple from Yekaterinburg applied for asylum together in Germany last year.   flying to Armenia and Turkey before crossing the Balkans where local authorities stopped them.   Instead of seeking asylum in the capital Zagreb they continued their journey on foot towards Germany.   Germany’s immigration services did not recognise them as partners. And while Bykova’s prior asylum claim is still pending in France, Argunova may be sent back to Croatia in accordance with the EU’s Dublin Convention which states that asylum seekers must file their claim in the first EU country in which they arrive The two women are living in temporary refugee accommodation in the town of Wickede and are appealing the rejection decision in a German court they could face their biggest fear — being separated.  it traumatises you even more because when we finally reached Germany We wanted to integrate and then we were placed in a camp,” Bykova told The Parliament LGBTQ+ people fleeing persecution in Russia struggle to obtain the required documentation to support their asylum claims such as evidence of persecution or membership in the LGBTQ+ community according to Evelina Chayka of the European Queer Alliance of PostOst Community Chayka says such cases stem from discrimination and stringent asylum policies in some EU countries that may not fully recognise persecution based on sexual orientation or gender identity as grounds for asylum.  For those whose asylum claims are being processed obtaining refugee status can take up to 21 months while waiting in deplorable conditions in camps without guidance founder and board member of Dutch non-profit LGBT World Beside.   The organisation recorded five cases of suicide among Russian-speaking LGBTQ+ asylum seekers staying in Dutch camps in just one year “The number of suicide rates is really high,” van Hayzer said.  a 28-year-old gay Russian asylum seeker supported by the organisation says he developed suicidal thoughts while waiting in a refugee camp in the Netherlands He finds it “absolutely not surprising” that people would want to take their own lives in such circumstances.  “I see how people are degrading here — they start using drugs drinking alcohol because waiting for months without knowing when the process will end is mentally challenging,” he told The Parliament.  Kataev has been invited to only one interview since he filed his asylum application in May 2023 he doesn’t know when the second interview will take place He started taking antidepressants to cope with the wait his boyfriend will join him from Georgia on a fiancé visa.  “I don’t want to put him through what I’ve been through,” he said.  found a widespread lack of safety among asylum seekers in the Netherlands' immigration system with more than half reporting feeling unsafe and three-quarters reporting going “back into the closet,” or concealing their sexual orientation.  The three couples The Parliament spoke to all said that going back to Russia now is not an option.   it has taken aim specifically at LGBTQ+ rights: besides the expansion of the ‘gay propaganda’ ban the government has banned sex reassignment surgery and hormonal therapy while classifying the “international LGBT movement” as an “extremist organisation.”  Tsvetkova is hoping that these changes will bolster her appeal in Finland anyone taking part in or financing an LGBTQ+ organisation is punishable by up to 12 years in prison Both she and her partner Anna are now volunteering at the LGBTQ+ EQUAL PostOst organisation which she says means they could be sentenced upon their return to Russia.  she says they would either apply for asylum in other European countries or the United States “We’d have to leave the Schengen area and go somewhere — probably Turkey — because we Russians don’t need a visa there we don’t have any money or any other emergency fund.”  Sign up to The Parliament's weekly newsletter Every Friday our editorial team goes behind the headlines to offer insight and analysis on the key stories driving the EU agenda. Subscribe for free here Read the most recent articles written by Thibault Spirlet - How young voters could again drive EU election turnout © Political Holdings Limited document.write(new Date().getFullYear()); A "glitch" in the Information Technology and videogame world refers to a system error that has no negative impact whatsoever on performance it is not uncommon for users to turn a glitch to their advantage The essence of Caroline Kryzecki's  (Wickede/Ruhr, Germany 1979) work currently on show at Madrid's Bernal Espacio Gallery in her first ever solo exhibition in Spain That unforeseen error whose ocurrence only reinforces the fact that human nature is present.  The exhibition comprises a collection of works on paper of various sizes (50 x 35 cm 100 x 70 cm or 200 x 152 cm) in which the image is achieved using only horizontal or vertical lines and is based on a motif of repetition These works are closely linked to the digital world by their automated appearance A carefully carried out job in which each impeccably-drawn line is separated from the next by a mere 3mm and would seem to be the printed product of some digital data processing mechanism.   that almost imperceptible line that is out of place helps us to step away from a "digital" reality Like when some discordant note in a dream makes us aware that we have just dreamed those little mistakes in the drawing are what make us realise that what we are looking at is totally analogous and hand-drawn with pens KSZ 200/152-06 Courtesy of: Sexauer Gallery Kryzecki's methodology manages to stop time in its tracks not just for the patently laborious determination to find her own language but also because she is radically opposed to what modern society demands of us In a world of fast and fleeting consumerism chained to constant new starts and the incertitude of our "liquid modernity" the artist here reclaims our attention to detail and a reflection on a geometric abstraction that seems encripted and apparently inaccessible to the spectator She alone has access to an algorithmic system made up of patterns of repetition possess a huge power of attraction as much for their aesthetic beauty as for their ability to depict infinite horizons and to hint at realities beyond mere lines on a page The works require close inspection and dedication although The work is the representation of Kryzecky's interpretation of the parameters of her environment for which she needs to  establish structures and to order the chaos of what is considered "normal" It's an intimate and delicate work that transports us into its universe KSZ 100/70-11 Courtesy of: Sexauer Gallery Caroline Kryzecky's  work has as a starting point an archive of the pictures she has compiled the decorative images we see around us in our day-to-day lives These references have always been present in her work linked to geometry in both her more abstract paintings and in others less so where the lines were always accompanied by figuration Without following pre-established parameters her trajectory sometimes involved experimentation with objects or sculpture-like pieces But her art took a different and deliberate turn when she started a residency in Istambul in 2010 arriving with absolutely none of her previous working materials or media at all This was a voluntary gesture of closure that enabled her to discover a language with which to best express herself red and green are the colours she uses in her works - those being the four basic ballpoint colours - and she limits herself to the paper dimensions mentioned above This self-imposed restriction has favoured the creation of her own personal code and has opened the way to the possibility of an infinite variety of combinations this has served to expand her creative potential In the same way that "error" became a powerful element in her work she has been able to turn limitations into her greatest freedom View of the exhibition. Courtesy of: Bernal Espacio Gallery Demonstrating emphatically a divergence from other artforms based on shortcuts, she engages directly with each piece, tending and refining it until a language is obtained that needs no illustrations whilst producing the most abstract and poetic version of the work.  On entering the exhibition, visitors find themselves surrounded by the beauty of slow movement and transported to a lucid dream of infinite worlds.   (Translated from the Spanish by Shauna Devlin) This website uses cookies to manage authentication you agree that we can place these types of cookies on your device View e-Privacy Directive Documents View GDPR Documents This website uses cookies to manage authentication, navigation, and other functions. By using our website, you agree that we can place these types of cookies on your device. 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