The Office for Personal Data Protection (hereinafter referred to as the “Office or the Office”) has published a control plan for 2022 (Czech only). The most talked about are controls of cookies on websites and the dissemination of unsolicited advertising. What exactly do businesses need to implement to avoid becoming the target of inspections and fines?
We recommend that website operators using cookies for analytical and marketing purposes revise or newly implement solutions to obtain consent (cookie banners). Many practical examples show that businesses have great difficulty complying with the new requirements. The Authority will start inspections as early as Q2 2022.
In the Federal Republic of Germany, on the other hand, great care is taken to ensure that the “Impressum” with the details of the website operator and the “Privacy Statement” are not blocked by the displayed cookie banner. In the event of non-compliance with these requirements, the website operator may receive a warning notice (“Abmahnung”) with the counterparty being entitled to assume the legal costs.
Again, it should not be forgotten that stricter obligations are often enforced abroad. For example, according to German case law, a “double opt-in” is required for sending newsletters: after registering for the newsletter, the subscriber receives an e-mail with a verification link that he or she must click on to activate the newsletter. Without the “double opt-in” just described, the sender exposes himself to the aforementioned risk of a reminder (“Abmahnung”), as he is unable to prove that consent was given by the user of the e-mail address in question. In addition, the recipient of the junk mail is entitled to compensation of up to EUR 300 (judgment of AG Pfaffenhofen of 9.9.2021).
bpv BRAUN PARTNERS provided legal advice and assistance to Plzeňský Prazdroj, a.s. in negotiations with QLS Assets a.s. on a "joint venture" with a total value of approx. half a billion CZK regarding the creation and operation of the "Pilsner Urquell Experience".