English / French / German
IT and the Law of Data - Intellectual Property
Susanne Klein is Partner at ADVANT Beiten's Frankfurt office and member of the IP/IT/Media practice group. For many years now, data protection law has been her main field of activity. In this area, she advises, supports and trains internal data protection officers, managers and employees in companies, carries out compliance checks and reviews or prepares the necessary documentation. This includes strategic advice on the introduction of new technologies and in the event of data protection violations. In addition, she advises her national and international clients in IT and copyright law on the drafting, review and negotiation of relevant contracts, including for software development and introduction, IT support and maintenance, software licenses, IT outsourcing, including terms and conditions and terms of use for applications on the Internet and mobile applications.
Susanne Klein studied law at the Universities of Gießen, Hagen, Hanover and at the University of Strathclyde, Glasgow, and was admitted to the German Bar in 2008. Previously, she was a research assistant at the Leibniz University of Hanover for several years and also earned a Master's degree in IT law and IP law with distinction. Her master thesis was also honored with the Graduate Award of the German Foundation of Law and Informatics. Before joining ADVANT Beiten, she was a lawyer in the IT/Media/Data Protection practice group of an internationally operating law firm in Hanover. In March 2013 Susanne Klein was awarded the titles "IT Law Specialist" and "Operational Data Protection Officer" (TÜV NORD-certified). She joined ADVANT Beiten in October 2016 and was appointed Partner in 2018.
"Susanne Klein is always well informed and up to date. Fast, reliable and easy to implement work results. Practically oriented.";
"Susanne Klein is an expert in the field of data protection and regularly shines with enormous detailed knowledge and smart problem solutions. She is also very passionate about data protection.";
"Reliability, very friendly, very pleasant communication, great sparring partner, timely feedback."
"Susanne Klein is in charge of IT and data protection at BB and is a reliable, highly competent and outstanding expert in this field. Her quality speaks for itself. The cooperation was exemplary and especially problem-oriented.", Client
Books:
Chapters: Contract Data Processing, Direct Marketing, Industry 4.0 in the Context of Data Protection, Data Protection and Privacy Impact Assessment
Susanne Klein
in: Datenschutz im Betrieb, Dr. Axel von Walter et al. (Ed.), Haufe-Lexware, Freiburg 2018
Data protection in companies, Haufe-Lexware, Freiburg 2018
Commentation of Sec. 11 SortG, Art. 22-27 GSortV, in Metzger/Zech (Editors), Sortenschutzrecht Kommentar, 1. Ed. 2016 (together with v. Busse / v. Jeinsen)
"The Enforcement-Directive of April 29th, 2004. Development, implementation and impact on the procedural law", 461 pages, Frankfurt am Main et.al. 2012
"The impact of the Directive on the enforcement of intellectual property rights on the German procedural law", in: Brandi-Dohrn/Heckmann (Editors), Yearbook 2008, Informationstechnik und Recht - Schriftenreihe der Deutschen Gesellschaft für Recht und Informatik e.V., Vol. 18, Köln 2009, 125 et seq.
Essays / Articles:
"Current developments at the data protection supervisory authorities: artificial intelligence, right of access and pure subscription models", DB 2024, p. 1669 f.
"GTC control of data protection notices and third country transfer to Google", K&R 2024, p. 98 ff.
"The EU-US Data Privacy Framework - an overview", K&R 9/2023, p. 553 et seq.
"Insolvency administrator's duty to provide information on debtor data under the GDPR", NZI 2022, p. 197 et seq. (together with Frank R. Primozic)
"The copy as weapon", Article in the FAZ, 24.11.2021
"Privacy in Multiplayer Games and Games on Social Networks", MMR-Beilage, August 2021, p. 17 et. seq. (together with Dr Andreas Lober)
"Non-material Damage Compensation under the GDPR", GRUR-Prax 19/2020 p. 433 et seq.
"ePrivacy Regulation: Legal Uncertainty Remains", IHK WirtschaftsFORUM 12.2019 / 01.2020, p. 20 f.
"GDPR Compliance Audits by DPAs" ("Controles de Conformité au RGPD"), JTIT 23/2019
"Security Issues with IoT Products" ("La Sécurité de l'Internet des Objets"), JTIT 22/2019 (together with Adrian Vornwald)
"Factor Case Law of the German Federal Court of Justice Transferable to File Sharing of Computer Games", Comment on Higher Regional Court Celle, Decision of 12 April 2019 - 13 14/ 7/19, GRUR-Prax 2019, p. 285
"Data Protection: The Closed Season Is Over", Compliance-Newsletter, April 2019 (together with Dr Andreas Lober)
"The long and winding road of digital distribution. Or: why the ECJ’s UsedSoft decision is of no use to keysellers", Interactive Entertainment Law Review (IELR) 1/2018, 44 et seq. (together with Andreas Lober and Florian Groothuis)
"The 20-Million-Euro-Question", GamesMarkt 12/2017, p. 56 et seq. (together with Andreas Lober)
"German law perspective on smart cars" ("Le point de vue allemand sur les voitures intelligentes"), JTIT 17/2017 (together with Florian Groothuis)
"Liability Risks for Companies due to Cyber Attacks" ("Cyberattaques: quels risques pour les entreprises?"), JTIT 06/2017 (together with Florian Groothuis)
"Intangible damages according to the Enforcement-Directive", GRUR-Prax 2017, 157 et seq.
"Electronic Signature – Focus on remote electronic signatures" ("La Signature électronique – Focus sur la signature électronique à distance"), JTIT 03/2017 (together with Florian Groothuis)
"Geolocation of Employees" ("La Géolocalisation des Salariés"), JTIT 12/2016 (together with Andreas Lober)
"DSRI-Herbstakademie 2015: Internet of Things - Digitalisation of economy and society" (conference proceedings), online at "MultiMedia und Recht" (MMR)
"Right to information in the case of personality rights' infringements on the internet: legally impossible and/or politically unwanted?", GRUR-Prax 2014, 539 et seq.
"IT-Outsourcing: Between relief and risk", online at "Markt und Mittelstand", 03.12.2014
"The cradle of the German code of civil procedure" (together with Christian Wolf), Special edition of NJW on the occasion of the 70th meeting of the Association of German Jurists at Hanover, 16.-19. September 2014, 56 et seq.
"Admissibility of a domain registration as trustee – Commentary on the judgement of OLG Celle of 20.12.2012 – 13 U 85/12", JurPC Web-Dok. 205/2013, Sec. 1-65
"The right to information according to § 101 Copyright Law in practice – an evaluation of the situation", JurPC Web-Dok. 131/2011, Sec. 1-189
"Heading to a free advocacy – The development of the Bar Associations using the example of the "Advokatenverein" of Hanover", Journal der Juristischen Zeitgeschichte (JoJZG) 1/2010, 16 et seq.
"Search Engines and Copyright - An Analysis of the Belgian Copiepresse Decision in Consideration of British and German Copyright Law", International Review of Intellectual Property and Competition Law (IIC) 4/2008, S. 451 et seq.
"The cogency of electronic agreements – On the development of the procedural law provisions on the cogency of electronic documents", JurPC Web-Dok. 198/2007, Sec. 1-71
Commentaries on court decisions:
"Non-material damages for data protection violations presuppose concrete damage suffered and have no punitive function", DB 2024, p. 512 f.
"EUR 7,500 Dispute Value for the Restoration of a Post of a News Portal on Social Media Platform", comment on OLG Zweibrücken, decision as of 27 December 2022 - 2 W 14/22, GRUR-Prax 2023, p. 500.
"Titling a female lawyer as "paranoid inclined" is an unlawful value judgement", comment on OLG Cologne, decision as of 13 April 2022 - 6 U 198/21, GRUR-Prax 2022, p. 412
"Right to information on affinities admissible in court", Comment on OGH Vienna, decision as of 18.02.2021 - 6 Ob 127/20z, GRUR-Prax 2021, p. 685
"IT Contracts in Relation to the Coronavirus", Online Seminar at BEITEN BURKHARDT, 18 and 31 March 2020, together with Wojtek Ropel
"Taking of Evidence in Compliance with Secondary Burden of Proof / Scope of Instruction of Children", Comments on Regional Court Frankfurt a.M., Decision of 18 December 2018 - 2-03 S 14/18, GRUR-Prax 2019, p. 65
"Claim for Remaining Compensation for File Sharing after Regular Limitation Period has Expired", commentary to regional court of Cologne, decision as of 17 May 2018 - 14 S 32/17, GRUR-Prax 2018, p. 529
"Inadmissible Photojournalism But Admissible Reporting on the Everyday Life of the Swedish Royal Family", GRUR Prax 2018, p. 445
"Statements on the (Non-)Compliance with Exhaust Gas Threshold Values despite Software Updates Are Subject to Freedom of Expression", GRUR-Prax 2018, p. 30
"YouTube is not liable for copyright infringements of third parties", Commentary on OLG München, judgement of 28.01.2016 – 29 U 2798/15, GRUR-Prax 2016, 131
"Tested entrepreneur must not advertise by using the name of the tester", Commentary on KG, decision of 20.11.2015 – 5 W 252/15, GRUR-Prax 2016, 60
"No suspension of the statute of limitations in filesharing cases via default summons if title is not adequately individualised", Commentary on AG Kassel, judgement of 26.08.2014 – 410 C 1875/14, GRUR-Prax 2015, 262
"Proceedings on the right to information in case of falling apart of internet provider and reseller", Commentary on AG Koblenz, judgement of 09.01.2015 – 411 C 250/14, GRUR-Prax 2015, 114
"Eyecatcher advertisement and hidden price increase", Commentary on OLG Köln, decision of 04.02.2014 – 6 W 11/14, GRUR-Prax 2014, 235
"Restriction of velocity at mobile data-flatrates", Commentary on OLG Köln, judgement of 08.11.2013 – 6 U 53/13, GRUR-Prax 2014, 65
"Permitted photojournalism on ice princess Alexandra", Commentary on BGH, judgement of 28.05.2013 - VI ZR 125/12, GRUR-Prax 2013, 361
"DPMA must not deny information access because of control and supervisory activity on collecting societies", Commentary on VGH München, judgement of 02.05.2012 - 5 BV 11.1724, GRUR-Prax 2012, 363
"Creator of the graphical figure of Pumuckl receives compensation in the amount of 3% of total sales because of missing designation of authorship", Commentary on LG München I, judgement of 21.12.2011 - 21 O 11784/11, GRUR-Prax 2012, 144
"Value in dispute of 6.000 Euro for notice of distringas because of unrightful use of a picture in commercial webshop", Commentary on KG, decision of 30.12.2010 - 24 W 100/10, GRUR-Prax 2012, 21
"Google News infringes copyrights of Belgian authors and Publishers", Commentary on La Cour d'appel de Bruxelles, judgement of 05.05.2011 - 2007/AR 1730, GRUR-Prax 2011, 328
"No reimbursement of costs in case of too broadly defined warning letters in filesharing cases towards inexpert infringer", Commentary on OLG Köln, decision of 20.05.2011 - 6 W 30/11, GRUR-Prax 2011, 312
Lectures/Seminars/Online Seminars:
“Legal issues in the use of artificial intelligence”, lecture at the working group meeting for SMEs of the German Institute for Internal Auditing on June 7, 2024, together with Dr. Andreas Lober
“Legal Issues of Artificial Intelligence”, lecture at the course “Digital Inhouse Counsel” of the German Institute for Legal Departments and In-house Counsel (diruj) on 24.4.2024 in Frankfurt am Main, together with Dr. Andreas Lober
Panel discussion on “Crime Scene AI - How does artificial intelligence influence the TV crime thriller of tomorrow?” at the German FernsehKrimi Festival on March 21., 2024 in Wiesbaden
Panel discussion on "Which platforms and pioneers does the country need?" at the Digitalforum Gesundheit on June 5., 2023 in Berlin.
Lecture and panel discussion on the topic of "Digitization and Data Protection: Sharing Data, Healing People!" at the Health Congress of the West in Cologne on March 5., 2023
"Internet Law 2023", online seminar at "BIEG - Neutral Online Marketing Consulting" on Jan. 25, 2023
"News from international data transfer: Data protection risks when using Google, Microsoft & Co.", presentation at the 2nd German General Counsel Congress of the German Institute for Legal Departments and Corporate Lawyers (diruj) on 24.01.2023 in Berlin
"Responsibility under Data Protection Law in Hospitals - Implementation of IT Security and Legal Risks", Lecture at the 16th National Health Quality Congress in Berlin on 24.11.2022
"Current challenges with data transfers to third countries", presentation at the online event "Data Protection - Update 2022" of the Association of Foreign Banks in Germany e.V. on 10.11.2022
"Black Box Health Data Usage Act - Necessity and Possible Contents", lecture at the Digitalforum Gesundheit on 20 May 2022 in Berlin
Panel discussion on the topic "Opportunities and potentials for more sustainability: Controlling care with evaluable data" at the Health Congress of the West on 4 May 2022 in Cologne
Interview on the topic of data in the medical context at the national quality congress of health 2021, Krankenhaus-IT Journal, 14 January 2022
Panel discussion on the topic "Quality needs a lot of medical data! How can the further development of data protection succeed?" at the 15th National Health Quality Congress on 25 November 2021 in Berlin
"Employee Data Protection", Online Lecture at game Association, 15 September 2021
"Data Protection: Opportunity or Showstopper?", lecture at the Health Congress of the West on 08 September 2021 in Cologne, together with Dr Andreas Lober
"Brexit and data protection", Online Lecture at game Association, 21 January 2021
"Online Business and Marketing under the GDPR", Online Seminar at the Goethe Startup School on 29 October 2020 in Frankfurt am Main
"Theatre Europe: ECJ on international data transfer", BEITEN BURKHARDT international web-meeting, 30.7.2020
"Cybersecurity and Data Protection in M&A Transactions", Online Seminar, BEITEN BURKHARDT, 23 June 2020, together with Dr Andreas Lober
"IT Contracts in Relation to the Coronavirus", Online Seminar, BEITEN BURKHARDT, 18 and 31 March 2020, together with Wojtek Ropel
"Data Protection in Public Procurement Proceedings", lecture at the client event "Vergaberecht Aktuell" on 22 November 2019 in Frankfurt am Main
"The Rights of Data Subjects in Practice", lecture at the event "Update Datenschutz 2019" of the Verband der Auslandsbanken in Deutschland (Association of Foreign Banks in Germany) e.V. on 7 November 2019 in Frankfurt am Main
"Privacy Update" as part of the event "More Than Just a Game" on 17 October 2019 in Frankfurt am Main
"Data Protection in Real Estate – With an Update on the GDPR", Speech at a 'Real Estate Afternoon Event' organised by the German Chamber of Industry and Commerce (IHK) Offenbach am Main on 16 May 2019
"Brexit and Data Protection", introductory speech on the occasion of Montagsgesellschaft e.V. on the Brexit topic "This is it. This was it. Or: What Is Actually Going On Now?" on 1 April 2019 in Frankfurt am Main
"ePrivacy Regulation - Status of Legislation, and Effects on Existing Regulations", speech before the Legal Committee of the Chamber of Industry and Commerce of Frankfurt am Main on 21 March 2019
"Data Protection Update - Field Report on the GDPR and Outlook", Client Event on 14 March 2019 in Frankfurt am Main and on 10 April 2019 in Hamburg
"Internet Law in 2019 - ePrivacy and GDPR: what you need to know"Lecture organised by "BIEG - Neutrale Online-Marketing-Beratung" in co-operation with the Chamber of Industry and Commerce Frankfurt am Main/Hanau on 13 February 2019
"The Information Obligations pursuant to the GDPR", speech in the context of the seminar series "Data Protection for Early Birds" organised by Chamber of Industry and Commerce of Frankfurt am Main on 9 October 2018
"Data Protection and Big Data – Opportunities and Risks for Big Data Analysis Models of a Bank", lecture at the invitation of Aareal Bank in TechQuartier Frankfurt am Main am 23 August 2018
Presentation of the event "Factory 4.0 – Trilateral Colloquium" of Italienische Han-delskammer für Deutschland e.V. (Italian Chamber of Commerce for Germany, ITKAM) on 24.04.2018 at the technology fair Hannovermesse
"Data Leakage" in the context of the client event "Your Way to a Successful IT Pro-ject" on 5 June 2018 in Frankfurt am Main
"Advertising 4.0 and Data Protection: What Is Still Permitted in Compliance with GDPR?"; event "Cosmetics 4.0: Will Cosmetics Soon Function Digitally?" of the ex-pert group Cosmetic Applications and Technologies (CAT) of the SEPAWA associati-on on 14 May 2018 in Hamburg
"Direct Marketing and Social Media in the Light of the EU General Data Protection Regulation", lecture at the Data Privacy Congress of the IHK (Chamber of Commerce) on 1 March 2018 in Frankfurt am Main
"EU-GDPR - All Important Innovations", seminar by the Frankfurt am Main Chamber of Commerce and Industry, 21 November 2017, on 19 March 2018 and on 15th May 2018
"Cyber Attack Crisis - How to Prepare Your Communication", presentation at the Convento PR-breakfast, Frankfurt am Main, 8 November 2017
"Final Sprint to the General Data Protection Regulation - How to Practically Implement the New Requirements", presentation at the seminar for clients "GDPR", Frankfurt am Main, 30 August 2017
"What changes for you? An overview of the General Data Protection Regulation", presentation at the seminar for clients "GDPR", Frankfurt am Main, 8 February 2017
"Everything new? An overview of the General Data Protection Regulation", presentation at the seminar for clients "EU-General Data Protection Regulation", Frankfurt am Main, 8 November 2016
Presentation at the Online Seminar"Navigating the Privacy Shield and the General Data Protection Regulation: What US and transatlantic associations need to know", hosted by the lawyers' association GLOBALAW and MCI Group (Brussels) at 12 July 2016 (together with Dr Benno Barnitzke)
"The Enforcement of copyrights in practice", guest lecture at the European Legal Informatics Study Programme (EULISP), Leibniz University Hanover, 20 November 2015
"The Enforcement of copyrights in practice", guest lecture at the University of Applied Sciences Hanover during the course Communications Management, 10 November 2015
"Right to information with online activities", presentation in the session of the expert committee Economic and Tax Law of the German Association of Law and Informatics, Munich, 6 November 2015
"Violation of rights on the internet – Which may occur and how can I resist?", presentation at the March Meeting 2015 of Ackerbauring Südhannover e.V., Salzgitter-Lebenstedt, 4 March 2015
"General Terms and Conditions of purchase (T&C)", Client training near Hanover, 4 October 2013
Presentation of the event "Forum IT-Recht" on the subject of "Employees data protection law – minimum consensus or great success?" at the Institute for Legal Informatics, Leibniz University of Hanover, 14 November 2011
Presentation of the event "Forum IT-Recht" on the subject of "Fights of plagiarists: bread and circuses for the information Society" at the Institute for Legal Informatics, Leibniz University of Hanover, 8 December 2008
