What interested me in November 2019 – in IT law, in data protection law, in medical law and in rescue service law? You can find out here.
Notice of security vulnerabilities in B2C sales
The Cologne Higher Regional Court has dealt with the question of whether electronics stores should point out security gaps and missing updates for the smartphones sold. The result: the effort to keep the information about security gaps available for each individual smartphone is unreasonable. Reference: OLG Köln, decision of 30.10.2019 – 6 U 100/19
Once again, a German court had to deal with competition law issues of influencers and Youtubers. Do influencers who present themselves on the Internet in business transactions and thereby present goods or services have to identify their publications as advertising? Reference: Higher Regional Court Frankfurt am Main, Decision of 24.10.2019, Ref. No. 6 W 68/19
Medical law and data protection law
The student in the practical year
At the Ludwig-Maximilian-University of Munich (LMU) I was allowed to give legal tips to medical students in the prospective Practical Year (PJ). Topics included the position as a medical student and prospective (non-)doctor, delegation of medical services, medical intervention and information, rights, duties and powers in the PJ as well as medical training abroad (semester abroad).
Establish a doctor’s practice (lecture)
At the Ludwig-Maximilian-University of Munich (LMU) the course medical doctor and entrepreneur took place again. Topics included joint practice and joint practice/occupational practice with advantages and disadvantages, the correct legal form, legal issues relating to rent, personnel and IT. And then there was the data protection: How does a practice buyer deal with the patient file of the salesman of the practice?
Lecture on New Technologies in Medicine
Also in my lecture on the law of new technologies in medicine at the Technical University of Munich (TUM) data protection law was not neglected. How do people deal with personal data in times of artificial intelligence and big data? Further topics were the distinction between life style and medical device, pharmaceuticals and organs, how to deal with them, but also trademark law and patent law, competition law and ethical issues – all in the necessary brevity: An overview just for the listeners. Optional course with symposium: New Ideas for Medicine (NIM)
Rescue service law
Patient transport in Berlin
The Administrative Court of Berlin dealt with the order processing of patient transports. This concerned ancillary provisions in approval procedures concerning the acceptance of transport orders, the connection to a control centre and the operation of a mobile control centre. The legal basis was the Act on Rescue Services for the State of Berlin. Reference: VG Berlin, judgment of 28 August 2019 – 25 K 9.19 -, juris
The subject of further proceedings was the Annex „Ancillary provisions; LABO K4516 Annex – Ancillary provisions I (06.10)“ and „LABO K4516 Annex – Ancillary provisions (07.17)“, also in connection with patient transport permits in Berlin. Reference: VG Berlin, judgment of 28 August 2019 – 25 K 10.19 -, juris