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Dr. Christian Schröder

Partner

Düsseldorf

Dr. Christian Schröder heads Orrick's IP/IT & Data Privacy Practice Group in Germany in Orrick’s Düsseldorf Office. Christian advises medium sized (Mittelstand) companies to large multinationals on IP, Unfair and Deceptive Trade Practices, E-Commerce, IT and Data Privacy/Data Protection.

He is listed in Germany's leading lawyer ranking magazine JUVE as frequently recommended data privacy expert and clients recommend him to JUVE for his "reliable and actionable advice". Christian and his practice are also ranked by The Legal 500 Germany and The Legal 500 EMEA as well as Germany’s business journals WiWo and Handelsblatt for being among the leading German and European IT and data privacy practices (2019 and 2020), clients referred to him and his team as "Top data privacy expert", "extremely knowledgeable", and "able to explain complex legal issues in an easily understandable way so that both legal and economic decisions can be made". Christian Schröder is recommended for his "data protection expertise and quick comprehension as well as his entrepreneurial acumen."

Christian provides IP/IT advice in M&A transactions and advises on IP focused joint ventures. He supports companies on the set-up of webshops, outsourcings, license agreements, in cases of trademark or unfair and deceptive trade practice issues as well as on hard and software license and IT project agreements.

As a core member of Orrick's global Cyber, Privacy & Data Innovation practice, Christian has a special focus on data privacy/data protection matters. In particular, Christian advises on privacy compliance programs, a risk-based approach to privacy, on implementing databases and new software applications, in particular, cloud based solutions. He advises on IT and data privacy contracts, internal data privacy policies, binding corporate rules, user agreements on BYOD, whistleblowing schemes, e-discovery, security breaches, and intra-group data sharing on a national and international basis. Christian regularly represents market leading clients in IT and data privacy contract negotiations and regularly defends companies against unfair access to their know-how by competitors and against unfair poaching of customers and employees.

  • Christian is a contributing author to several data privacy books. The Kühling/Buchner: DS-GVO, 2. ed. published March 2018, is considered one of the leading comprehensive EU General Data Protection Regulation (GDPR) commentaries drafted by renowned German academics, former and current chairmen of German data protection supervisory authorities, and other leading private practice practitioners specializing in this area. Christian drafted the fifth chapter on international data transfers.

    He also contributed to Forgó/Helfrich/Schneider: Betrieblicher Datenschutz, 3. Auflage/ 3. ed., released in March 2019. This is a handbook on Corporate Data Privacy, which contains comprehensive and practical advice on data privacy compliance for medium to larger companies, in particular, multinationals. Christian authored the chapters on Data Privacy in M&A Transactions and Whistleblowing and Compliance and, in his PhD-thesis authored a comparison between U.S. and German data privacy laws.

    Christian publishes articles in Germany's leading data privacy journal ZD. He provides litigious and non-litigious advice and represents clients before supervisory authorities and patent and trademark offices.

    Prior to working in private practice, Christian interned with the German Federal Data Protection Commissioner and www.epic.org.

  • Recent Engagements:

    Data Privacy / Cybersecurity

    • GDPR Compliance Programs: Advising various mid to large sized multinational companies on GDPR compliance, understanding international data flows, drafting data sharing agreements, setting up compliance structure and privacy-by-design programs, assisting with Privacy Impact Assessments, and revising data privacy policies. Some of these clients are among the worldwide leading technology companies.
    • Data Processing Agreements: Representing market leading Cloud providers in negotiations of data processing agreements with large customers.
    • Connected Cars: Advising global tech companies and car manufacturers on data privacy implications with Connected Cars and on international data transfers.
    • IoT: Advising leading real estate company on smart home project, advising leading tool manufacturer on implementing IoT and related cloud services for its customers.
    • International Data Transfer Mechanisms: Developing and implementing enterprise-wide compliance programs, including (online) customer and employee privacy policies, cookie compliance, terms of service, and end user licensing agreements relating to core privacy and related consumer-protection issues.
    • International Investigation: Advising a leading vendor on internal investigation of a leading public organization involving various jurisdictions.
    • Employee Monitoring and Works Council Agreements: Advising several global companies in connection with the implementation of employee monitoring schemes and cross-border data flows, international transfer (both intra-group transfers and third-party transfers) of employee data from countries outside of Europe to a service provider in Europe (and vice versa) and, developing a global HR data privacy approach; drafting and representing clients in works council agreements relating to the implementation and use of IT applications.
    • Representation before Supervisory Authorities: Representing a global event organizer in supervisory procedures regarding data privacy matters.
    • Vendor Data Processing Agreements: Advising several global tech companies on tailored data processing agreements which include cloud services with various sub-processors.
    • Data Privacy and E-Commerce: Advising several international companies on data privacy and e-commerce law matters, inter alia on using personal data for direct marketing, and collecting and using personal data in the online environment.
    • Travel and Ed-Tech Data Privacy: Advising leading travel and Ed-Tech companies on data privacy issues specific to their businesses.
    • Advising Tech Start-ups on Data Privacy: Advising numerous mid-sized start-ups from the U.S. and Germany regarding IT and data privacy matters, i.e. to develop marketable products and services that align with consumer privacy and data protection principles. Also, drafting privacy policies, terms and conditions, and vendor contracts, as well as evaluating cutting-edge and disruptive technologies and businesses on privacy compliance and consumer protection concepts.
    • Cybersecurity and Data Breach Incident Plans: Counseling major computer software companies on Cybersecurity and incident plans.
    • Strategic Cloud Computing Advice: Providing strategic advice to key cloud computing market players in relation to data protection and information security issues.
    • Post-M&A Integration Issues: Integrating a German affiliate into the group's internal data sharing/access schemes and, in this context, conducting challenging negotiations with IT providers and the affiliate's works council (Betriebsrat).

    Information Technology

    • IT Licensing: Advising leading U.S. software manufacturer and Cloud services providers on their EU and German software licensing terms & conditions and regularly conducting negotiations with their customers.
    • Software Joint Venture: Advising a leading German market platform on a Joint Venture with a software manufacturer.

    Unfair Trade and IP

    • Unfair Trade Practices Litigation: Representing several software and e-commerce companies in unfair competition litigation, e.g. regarding unfair advertising and breach of consumer protection regulations.
    • Trademark Prosecution and Litigation: Advising various small to large national and international companies on trademark prosecution and litigation.

    M&A Technology/Joint Venture Transactions

    Other

    • Christian assists several representative clients, including Flexera Software, Microsoft, NVIDIA, Mouser Electronics, TTI, and SIG Combibloc.

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