Legal advice and representation in legal disputes

Representation in legal disputes

In addition to data protection advice Scheja & Partners also provides legal advice and representation in proceedings before authorities and courts, provided that we do not have any conflicts of interest with our activities as data protection officers A thorough and comprehensive knowledge of data protection law alone is often not sufficient to successfully contest official or court proceedings. Rather, a broad understanding of procedural and litigation law is also required. Our Rechtsanwältinnen und Rechtsanwälte offer many years of experience in dealing with supervisory authorities, communicating with opposing parties and appearing in court, contributing their extensive knowledge of data protection and procedural law. Our expertise encompasses data protection law cases from civil, criminal, administrative and employment law in which we have successfully pursued the interests of our clients.

Since the GDPR came into force, supervisory authorities have had far-reaching powers over controllers, for example:

• Imposing fines (penalty notice)
• Issuing instructions, such as a shutdown order
• Investigations in the form of data protection reviews and on-site audits
• Issuing warnings

Legal advice and representation, which we guarantee through our specialized data protection lawyers, can be useful as early as the hearing procedure or request for information in administrative proceedings.

Legal representation in civil and labor court matters

Data protection claims against data controllers can also be asserted in civil and labor courts, such as:

• nformation claims
• Material damages
• Non-material damages ("compensation for pain and suffering")
• Injunctive relief

The number of data protection claims asserted in court has steadily increased in recent years. Many actions for unfair dismissal are linked to a claim for right of access by the data subject. However, civil law claims have also become increasingly relevant in the area of data protection law. Our lawyers can look back on many years of experience in civil and employment law, ensuring that the interests of our clients are optimally represented in these proceedings. We develop a tailored strategy for each individual case. We conduct cases on request " discreetly" or fight them to the last instance in an effective publicly way. Legal advice is almost always recommended at the extrajudicial stage to avoid lengthy legal disputes.

Mass procedure

In the past, mass proceedings have also arisen in the area of data protection law These are characterized by similar cases being pursued on a large scale by specialized law firms. The number of claims asserted alone ties up a lot of resources, so having a seasoned approach to this type of proceedings is a considerable advantage. This includes, for example:

• Early identification of cases that specialized law firms can assert in mass proceedings Analysis of possible offensive and defensive measures
• Development of an overarching process strategy
• Coordinated defense

Our attorneys support you optimally with their many years of experience in legal advice for mass proceedings.