Articles from Dr. Gerrit Hötzel

2. Feb 2021 Artificial intelligence (AI) and machine learning (ML) Legal framework for the use of training data

The existence of training data is fundamental to the training of artificial intelligence (AI) and therefore machine learning (ML). This training data is also referred to as a dataset or corpus - regardless of any differences in terminology in detail - and is often subject to legal protection, meaning that the training may result in legal infringements. What conceivable legal infringements are these and to what extent is their use permissible?

IP/IT Stuttgart
26. Nov 2020 DiGA: No US service providers permitted Apps / Medical law

The "app on prescription" is now possible thanks to the Digital Healthcare Act, which introduced digital health applications ("DiGA"). However, DiGAs must comply with considerable additional requirements. Data protection in accordance with the GDPR must also be complied with. However, the already narrow permissions of the GDPR are further restricted for DiGA.

IP/IT Stuttgart
25. Nov 2020 DiGA: The path to reimbursement of an "app on prescription" by statutory health insurers Apps / Medical law

The Digital Healthcare Act introduced digital health applications ("DiGA"). This allows medical apps to be included in a directory maintained by the Federal Institute for Drugs and Medical Devices ("BfArM"). The apps can then be prescribed by doctors. This is therefore an "app on prescription".

IP/IT Stuttgart
11. Nov 2020 GDPR: No effective consent with preselected checkbox

The ECJ clarified today that there is no valid consent if a checkbox for granting consent under data protection law is preselected in a signed contract:

IP/IT Stuttgart
9. Nov 2020 BGH: Information on dispute resolution cumulative on websites and in general terms and conditions E-Commerce

The BGH has clarified that entrepreneurs must provide information on dispute resolution procedures in accordance with Section 36 VSBG cumulatively both on the website and in the GTC (if GTC are used). The decision is hardly surprising - even if the wording of the law is not entirely clear.

IP/IT Stuttgart
20. Oct 2020 New update obligation for medical devices made from or with software Medical devices

For medical devices made from or with software, two new EU directives on the sale of goods and digital content will change a lot in 2021.

IP/IT Stuttgart
15. Oct 2020 Ransomware: ransom payment can be illegal

If company data is encrypted due to an encryption Trojan (or "ransomware"), such as "WannaCry", you are faced with the choice of accepting the blackmail and paying a ransom or restoring or otherwise reconstructing the encrypted data yourself using backups. Payment to the ransomware gang is often more economically attractive than reconstruction. This is all the more true if the ransomware gang also threatens to publish data. In this context, the question of whether a payment to the ransomware gang is unlawful has so far been little examined.

IP/IT Stuttgart
14. Oct 2020 New product safety law from mid-2021 Powers of market surveillance authorities also for online platforms

From July 16, 2021, a reform of product safety law will come into force and the powers of the authorities will be significantly expanded, including the power to purchase products under a false identity, carry out reverse engineering and restrict access to online platforms and require the inclusion of warnings. Orders to withdraw and recall products are also possible.

IP/IT Stuttgart
5. Aug 2020 Screen scraping / web crawler Legal admissibility and framework conditions

Are screen scraping and web crawling legally permitted, i.e. the automated scanning of content from other websites and transferring the data obtained in this way to a separate system for further use?

IP/IT Stuttgart
29. Jul 2020 Online marketplaces: new requirements due to the P2B Regulation on the invalidity of general terms and conditions and other requirements

There are numerous online marketplaces where businesses can post offers and consumers can accept them. The P2B Regulation (Platform-to-Business Regulation, EU Regulation 2019/1150) has applied to such online intermediation services since mid-July 2020. The P2B Regulation contains numerous requirements for the design of the platform on the part of the platform operator, in particular for the design of the GTC. If certain provisions are missing, the T&Cs are void in whole or in part and there is a risk of warnings.

IP/IT Stuttgart
24. Jun 2020 Internet gambling and the new Interstate Gambling Treaty 2021

In March 2020, the state governments adopted a new GlüStV for 2021 ("GlüStV-2021"). What applies to online gambling under the current law and the new GlüStV-2021? Has the expected liberalization of gambling law taken place?

IP/IT Stuttgart
16. Jun 2020 Data protection conference: New requirements for Google Analytics

The Conference of Independent Federal and State Data Protection Supervisory Authorities (DSK) has recently passed a resolution on the use of Google Analytics. This contains a number of clarifications, which are not surprising given the latest developments in case law. In particular, it is important that the DSK assumes that no more data processing agreements may be concluded with Google.

IP/IT Stuttgart

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