Category: Case law

Cookie-compliance-ntic-advocado

How compliant is your cookie banner? An important German case provides more clarity!

Have you ever heard about dark patterns and deceptive designs in the context of a cookie banner and compliance with the e-Privacy directive? No? Then, this court case might be a good opportunity to learn about it. A court case issued by the Landgericht Rostock (pdf in German) on 15 September 2020, ref.Plus...

Revision of the Swiss Data Protection Act: Conference for HCPs

This Thursday 24 October 2019, I will have the pleasure to present the current state of the revision of the Swiss Federal Data Protection Act (DPA), as currently discussed at the Federal Parliament. I will be discussing the consequences for doctors in private practice in a conference organised by FMH Services, at the Hotel Aquatis in Lausanne.… Plus...

Google fined €50M by the CNIL under the GDPR

This 21 January 2019, the French data protection supervisory authority (Commission Nationale de l’Informatique et des Libertés – the “CNIL“) fined Google LLC 50 million Euros for breach of the General Data Protection Regulation (the “GDPR“).

In today’s communication (in French), the French authority issued the highest fine against Google LLC since 25 May 2018 considering severe infringements of the GDPR by Google for failing to inform properly the users and collecting valid consent for targeted advertising services.… Plus...

Prescription support software are considered as medical device

Prescription support software is considered as medical device

On 7 December 2017, the European Court of Justice (‘ECJ’) made an important ruling in the French case SNITEM and Philips vs Premier Ministre des Affaires sociales et de la Santé (Case C-329/16). The Court followed its general advocate advice, who issued a non-binding recommendation on 28 June 2017, and defined for the first time under what conditions should medical software (standalone software) be qualified as a medical device pursuant to Directive 93/42/EEC on medical device.… Plus...

Cells

Celine case: Bayer not liable for Yasmin contraceptive pills

WHAT THE CASE IS ABOUT

On Wednesday, 21 January 2015, the Swiss-German press reported the verdict handed down by the Swiss Federal Court in the Celine Case, better known to the media as the Yasmin Pills Case. This is a case that created a scandal in the canton of Zurich, as well as at the national level, concerning the use of the latest generation of contraceptive pills in Switzerland.… Plus...

Google Glass

Google Glass : pros or cons ?

Google Glass is very popular but do not receive general agreement. However this gadget has an incredible industrial value and some revolutionary concepts of use (e.g : e-Health, human interaction in other languages, etc.). However, it is, and will remain a cause of concern for consumer protection and privacy.

This article is intended for taking stock of the actual knowledge through  Internet media and the legal situation in several countries that already initiated preventive prohibitions (like USA, UK, France).Plus...

Electronic appeal in Switzerland – attorneys remain liable

In a recent decision (6B_691/2012 of February 21th, 2013), the Swiss Supreme Court confirmed that Swiss attorneys remain liable for the submission of electronic appeals. In this case, the attorney who has not verified that the appeal was properly received by the authority or the Court is liable. On the contrary, as technical service providers cannot guarantee a 100% available service, the submission of an electronic appeal is considered as a risk that shall be borne by the attorney if the provider gets down and cannot deliver the data to the court.… Plus...