LEGAL ASPECTS OF DIGITISATION
Digitisation has rapidly gained momentum - not least during the pandemic. Companies and institutions are shifting external and internal processes to digital systems, digitising documents, relying on new technologies. At the same time, entirely new legal questions arise. However, legislation is developing more slowly than digitisation and sometimes offers inadequate or no answers to these questions.
The professionals at Piltz Legal have been dealing intensively with these issues in the overall environment of data protection and IT law for a long time and can draw on correspondingly in-depth know-how. This enables us to provide valid assessments and comprehensive advice on digitisation law.
Devices are being networked with each other, both in the consumer sector and in industrial manufacturing. In addition, the market for digital goods and products is growing. The EU has recently introduced new regulations for the distribution of digital goods, which companies must observe when selling to consumers. For example, an obligation for updates was created. Piltz Legal helps you with the legal evaluation of your products and services. We also assist you with market launches.
It is clear that digitisation is just as inevitable as meeting the corresponding legal requirements.
Both the "Internet of Things" and the sale of "digital goods" are familiar legal terrain for us and part of our advisory spectrum. We make an assessment of the situation, find resilient, pragmatic solutions to make your digitisation project possible, secure it and prepare you for future legal challenges in the best possible way.
- Examination of existing or planned digital structures for legal conformity
- Drafting of regulations, contracts and legal texts, individually tailored to your situation
- Advice and support for digitisation projects
- Support in the implementation of new requirements for the distribution of digital goods
- Legal evaluation of new products
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ECJ ruling on VIN and general aspects of the term 'personal data'
The consequences of the ECJ's decision in Case C-319/22 (also referred to as the ‘Scania case’) of November 9, 2023 will certainly be discussed in the data protection scene for a long time to come. It is already visible that the judgment creates big waves in the automotive industry and related sectors, but also in the data protection community in general. However, it seems doubtable whether this is justified or whether essentially the same aspects as before the decision must be taken into account when clarifying the question of the existence of personal data. In the exact case dealt with by the ECJ, it will first be decided by the Regional Court of Cologne whether the VIN is indeed personal data for vehicle manufacturers and independent operators. The ECJ ruling itself does not yet provide a direct and unambiguous answer
Advocate General at the CJEU: Concerning the appropriateness of technical and organisational measures and compensation for non-material damages in the event of a hacker attack
Advocate General at the Court of Justice of the European Union (CJEU), Giovanni Pitruzzella, published his opinion in case C-340/21 on 27. April 2023 regarding the conditions for compensation for non-material damages and the burden of proof for the appropriateness of technical organizational measures (TOMs) under Art. 32 GDPR in connection with a hacker attack.