Data Privacy Law in Germany and Europe – What Can We Expect in 2022?


Deutsch: Datenschutzrecht – Was bringt das Jahr 2022?

In the current edition of German law journal Betriebs-Berater (14/2022), the article of Dr. Christian Schröder, Dr. Daniel Ashkar and Tobias Lantwin outlines current and future focus areas of regulatory enforcement and litigation in data privacy law in Germany and Europe.

In the area of regulatory enforcement, the article especially covers the topics of a missing or insufficient legal basis, transparency obligations and the field marketing / ad tech as well as the requirements of the Schrems II judgment. Furthermore, the authors touch on expected landmark decisions on an expected EU wide model for data privacy fines and an upcoming court judgment by the Court of Justice of the European Union which will decide whether requirements of the German Law on Regulatory Offences will have to be met by German data protection authorities when levying GDPR fines on companies.

In the area of data privacy litigation, the article especially covers the judicial enforcement of non-material damage claims, injunctive relief, and the requirements of the Schrems II ruling as well as the implications of the introduction of representative actions in the European Union.