Erik Petersen

Data protection requirements are constantly evolving. This commentary on the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) offers practical and well-founded guidance on how to deal with the complex requirements of data protection law. The 4th edition (2026) takes account of the latest legislative developments, particularly in relation to digital services, artificial intelligence and the European Health Data Space. The latest case law, particularly that of the Court of Justice of the European Union (CJEU), as well as recent statements from data protection supervisory authorities, have also been incorporated into the commentary. The commentary combines academic rigour with practical solutions, thereby offering valuable guidance on the legally compliant processing of personal data in businesses, public authorities and legal practice. The contributors also include Sebastian Schulz and Erik Petersen of HÄRTING, who, in the 4th edition, have for the first time taken on the commentary on Article 9 of the GDPR concerning the processing of special categories of personal data.

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With the "Lindenapotheke" judgement on health data, the European Court of Justice cemented its extremely broad interpretation of Art. 9 GDPR. The consequences - particularly for online retailers - are considerable.

The Austrian data protection authority classifies the use of Google Analytics as contrary to data protection law due to data transfers to the USA. The article gives an overview of the decision and classifies the statements of the supervisory authority.