Carl Nowak

On 1 and 2 October 2026, the editorial team of the journal *Privacy in Germany* (PinG) is once again hosting a workshop for early-career professionals in data (protection) law in Berlin. The event will take place at the offices of HÄRTING Rechtsanwälte. The workshop is aimed at young academics, trainee lawyers, those starting their careers and anyone else interested in current issues relating to data (protection) law. The focus is on professional exchange, discussing current developments and the opportunity to present one’s own topics, theses or research questions. Anyone wishing to give a presentation to a young specialist audience, discuss theses from a doctoral project or further develop a research question for an essay is welcome to submit a contribution. We are happy to publish good contributions in PinG following the workshop.

In this episode of the PinG podcast “Follow the Rule of Law”, Carl Nowak talks to Prof. Volker Römermann about the use of AI tools in law firms, the professional boundaries of language models, and the impact of artificial intelligence on legal education and scholarship. The discussion takes its starting point from a presentation given at the DAV AI Forum. The focus is therefore on key questions regarding the practical application of AI in the legal market and the legal framework governing legal practice.

First, from 1:41 onwards, Dr Stefan Brink and Carl Nowak discuss a journalist’s unsuccessful attempts to gain access to the Kohl files, which are in the possession of his widow, Maike Kohl-Richter. Regrettably, it has almost become the norm in Germany for outgoing government officials to take files home with them rather than handing them over to the Federal Archives. Can an obligation on the part of public authorities to recover “lost” files be inferred from the Freedom of Information Act? Subsequently (14:14), Stefan and Carl discuss an increase in data protection complaints between 2024 and 2025 received by the Berlin Commissioner for Data Protection and the Lower Saxony State Data Protection Commissioner. What could be the causes? Finally, from minute 30:00, the topic is an ECJ ruling of 29 January (Case C-291/24) concerning the EU Money Laundering Directive. This concerned the legal requirements under Austrian law regarding the liability of a legal person for compliance breaches. What does this ruling have to do with data protection?

The Distance Learning Protection Act (FernUSG) dates back to 1977 - and was originally intended to regulate distance learning courses where communication was conducted in analogue form by post. Today, the law is still highly relevant for providers of digital training or coaching. In two recent decisions (BGH of 12 June 2025 - III ZR 109/24 and BGH of 2 October 2025 - III ZR 173/24), the Federal Court of Justice confirmed a broad interpretation of the scope of application of the FernUSG. The FerUSG already applies if providers use keywords such as "graduate" or "course" in the course description. Furthermore, entrepreneur contracts are also covered in principle.

A brief overview of the possibilities of recourse for entrepreneurs against their distribution partners