A. LEGAL CLASSIFICATION AS FOOD Nicotine pouches are considered food under case law and are measured against food regulations. “Nicotine pouches’ (tobacco-free nicotine pouches for oral use) are likely to be ‘foodstuffs‘ within the meaning of Article 2(1) of Regulation (EC) 178/2002. Their essential ingredients, which in addition to nicotine also include sweeteners and flavorings, […]

Delimitation Controller and Processor according to Regulation (EU) 2016/679 (GDPR)

The legal question is, if service providers, who provide services not with the focus of data processing (like logistic services/fulfilment services) are considered as Processors (Art. 4 No. 8 GDPR) or Controllers (Art. 4 No. 7 GDPR). This question was neglected so far by legislator, authorities and courts so far.  The Bavarian Data Protection Authority writes about […]

Notes on the Impact of the Regulation (EU) 2019/1020 

on market surveillance and compliance of products for Logistic Companies A. Norm AddresseesNorm addressees of the regulation (EU) 2019/1020 (hereinafter: “regulation”) are economic operators according to Art. 3 (13).  Economic operators are  a manufacturer (definition in Article 3 (8)) established in the EU (Article 4 Section 2. (a)),  an importer established within the EU (definition […]

N26 freezes credit balances and terminates business relationships.

We are representing a number of persons from China, who are mainly studying in Germany, against N26 Bank GmbH. The background is that account balances have been frozen in rows and business relationships with Chinese customers have been terminated. N26 Bank GmbH claims a violation of its general terms and conditions as the reason. It […]