Sascha Kuhn on LinkedIn: Detail (2024)

Clarifying GDPR Damages for Emotional DistressRecent rulings by the European Court of Justice (ECJ) and the Memmingen Regional Court have provided much-needed clarity on the issue of damages under Article 82 of the GDPR. The ECJ (C-182/22 and C-189/22, judgment of June 20, 2024) and the Memmingen Regional Court (24 O 1624/23, judgment of June 13, 2024) addressed whether the mere fear of data misuse or emotional distress and annoyance alone can lead to damage claims.Both courts reached a consensus (albeit in all likelihood unknowingly): non-substantiated fear or mere annoyance, while unpleasant, are insufficient grounds for damages. Claimants must demonstrate actual and quantifiable harm to be entitled to compensation. This distinction ensures that the purpose of damages remains compensatory rather than punitive.For companies, these decisions are reassuring. They offer a defense against excessive and often frivolous claims for minor data processing errors, allowing them to address legitimate breaches with appropriate measures and focus resources on real harm.#GDPR #DataProtection #ECJ #Compliance #DataSecurity #PrivacyLaw

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🌟 Two pieces of exciting news! 🌟I am thrilled to announce that, effective June 15, 2024, I will be joining as a Partner. Pohlmann & Company is renowned as one of Germany’s leading interdisciplinary and internationally active law and consulting firms with a clear focus on compliance, corporate governance, ESG and environmental law.I am looking forward to contributing to the team and serving our clients with dedication and expertise.In addition, I am deeply honored to share that I have been recognized by Best Lawyers in three categories this year: Corporate Governance and Compliance Practice, Criminal Defense and Data Security and Privacy Law. This achievement is a testament to the support and collaboration of my colleagues and clients in the market. Thank you all for your trust and partnership.Looking forward to this new chapter and the opportunities it brings!#NewBeginnings #BestLawyers #CriminalDefense #DataSecurity #Privacy #Compliance #ESG

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I am currently taking a few days off and which place is better for a compliance lawyer to relax than Finland.In discussions about which countries rank high on the list of compliance top performers, Finland is mentioned regularly. When you ask, why that is so, the different style of corporate culture is often given as a reason. And indeed, Finland and Germany have quite different corporate cultures. Finnish companies are often known for their flat hierarchies, open communication and participative decision-making, while German companies are often more hierarchically structured and place a stronger emphasis on formal processes and rules. Is this really the key to understanding this Finnish phenomenon? What do you think? Are hierarchical organizations a hotbed of non-compliance? Please share your personal view in the comments!

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After 21 years, I am bidding farewell to Simmons & Simmons, the law firm where I began my journey as a legal trainee and later advanced as an attorney, including the last 13 years as a partner. This incredible journey has been marked by immense learning, engaging in fascinating projects—some of which garnered media attention, though the most captivating ones fortunately remained out of the spotlight—and handling challenging cases such as an acid attack and a city archive collapse.I want to express my deepest gratitude to my colleagues and everyone who has been part of this remarkable journey. It has truly been a wonderful experience, and I am immensely grateful for the knowledge, experiences, and friendships I have gained along the way.Special thanks go to Dr. Hans-Hermann Aldenhoff, LL.M., Sarah Bailey, Dr. Christian Bornhorst, Lawrence Brown, Bernulph von Crailsheim, Camilla de Silva, Martin Gramsch, Alexander Greth, Etienne Kowalski, Peter Meyer, Sophia Meza Vergara, Sascha Morgenroth, Ariel Nachmann, Koen Platteau, Thomas Scharfenberg, David Schreuders and Michael Surmann for their unwavering support, guidance, and collaboration over the years. And super special thanks to Christina Merhof, Susann Schreiber and Silja Kämper! You are champions! I know that by singling out individuals, I risk overlooking others who have also been crucial to my journey, and for that, I apologize. Your contributions have been invaluable, and I deeply appreciate each and every one of you.As the saying goes, old things must pass away for new opportunities to arise. It is with a mix of nostalgia and excitement that I announce my departure from this firm. I am taking a few days off to mentally reset before embarking on a new chapter in a new environment. I hope that you will be as curious about this new environment as I am thrilled by this new opportunity, so stay tuned!Here’s to the next adventure and the promise of an equally, if not more, wonderful journey ahead. Thank you all for your support, camaraderie, and for being part of this unforgettable chapter of my life.Thank you all!P.S.: If you are currently working on a matter with me, be it as a client or opposing counsel, do not worry: My current contact details will work until 15 June and my new contact details either already have been or will be shared with you shortly.

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Today: Self-organized seminar and exchange of ideas on „Organizational development for supervisors“ in Berlin-Steglitz.Those who work in compliance often face a big challenge: Knowing what the law requires (or forbids) or even a polished anti-corruption policy are only steps in a longer journey. In many cases not even the most important steps. More often than not the practical implementation into what managers and the overall staff do and how they think about compliance is where the real challenge lurks. In other words: How to implement organizational change? is a very practical question when we discuss compliance.A big shoutout to Manuela Weisz for sharing her valuable insights and immense wealth of experience with us.#compliance #supervision #organizationaldevelopment

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Tolle Gelegenheit in einem sympathischen Unternehmen!

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What do you see in this picture? Me, in a blue shirt, sitting at London Heathrow Terminal 2 on a Saturday morning. This would be a correct answer. And yet, it would not be the essence of what you are seeing.You are seeing a satisfied man. Satisfied because a discussion regarding a compliance-related conflict that has been going on for many years and in which a solution seemed almost impossible went well thanks to a mediative approach to conducting the discussion.Where parties do not feel seen and heard the solution to a conflict - also in cases related to compliance - is difficult and, indeed, often impossible. Truly listening can be an exhaustive (and yes, you are also seeing a slightly tired man), but it is definitely worth it.#mediation #conflict #compliance

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In 2018 Bernhard Günther, then the CFO at Innogy, was the victim of a sulphuric acid attack, which caused severe injuries. As a consequence, eyelids and parts of his facial skin had to be transplanted. Yesterday, justice was served and one of the perpetrators has been sentenced to 11 years in prison.As a lawyer you often work on cases which take many years. Some cases stand out. This is one such case. Today I feel satisfied and happy that, together with my esteemed professional colleague Martin Meinberg, I was able to help ensure that the perpetrator was caught and brought to justice.2018 wurde Bernhard Günther, damals Finanzvorstand bei Innogy, Opfer eines Schwefelsäureanschlags, der schwerwiegende Verletzungen verursachte. In der Folge mussten ihm Augenlider und Teile der Gesichtshaut transplantiert werden. Gestern wurde der Gerechtigkeit Genüge getan und einer der Täter zu 11 Jahren Gefängnis verurteilt.Als Anwalt arbeitet man oft an Fällen, die sich über viele Jahre hinziehen. Manche Fälle stechen dabei heraus. Dies ist ein solcher Fall. Heute bin ich zufrieden und glücklich, dass ich zusammen mit meinem geschätzten Berufskollegen Martin Meinberg dazu beitragen konnte, dass der Täter gefasst und vor Gericht gestellt wurde.

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