Photo, Dr. Tobias Born

Dr. Tobias Born

Associate
Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern

Biography

Dr. Tobias Born re-joined Baker McKenzie Frankfurt as a senior associate in February 2020. Before he was Head of Data Protection for the EMEA region for for e-commerce platform eBay. Tobias has been recognized as a Ones to Watch lawyer (Anwälte der Zukunft) for IT law and data protection law by Best Lawyers/Handelsblatt 2021. Tobias was admitted in Germany in March 2016. During his legal clerkship he practiced at the Data Protection Authority of North Rhine-Westphalia and at international law firms in Dusseldorf and Cologne, where he worked in the field of IT and data protection law. He studied law at the Universities of Bielefeld, La Trobe in Melbourne and Muenster where he also received his doctoral degree for a thesis on data protection authorities. Tobias teaches European Data Protection Law at Georg-August-Universität Göttingen (postgraduate LL.M. program in Intellectual Property and Information Technology Law).

Practice Focus

Tobias advises domestic and international companies on all aspects of information technology law, IT outsourcing, data protection law as well as on e-commerce related matters. His practice, in particular, covers advice of companies on issues concerning domestic and cross-border data protection matters. He also advises on on information technology and data protection law related questions in connection with transactions.

Representative Legal Matters

  • Advising a large German company on the implementation of Binding Corporate Rules as transfer mechanism for transfers of personal data to non-EU/EEA countries.

  • Advising companies on investigations by/proceedings with the data protection authorities.

  • Regularly advising a car sharing provider with regard to IT- and data protection law matters.

  • Advised several companies on the implementation of an intra-group data protection agreement also covering the transfer of personal data to non-EU/EEA countries based on Standard Contractual Clauses issued by the EU Commission in 2021.

  • Advised an Asian car manufacturer on information technology, e-commerce and data protection law related questions in connection with connected car services.

  • Advised a large German automobile manufacturer in connection with layered marketing consent on EU wide level.

  • Advised a large German automobile manufacturer in connection with the implementation of a CRM system.

  • Advised a multinational Swiss pharmaceutical company on a big data project in connection with the treatment of health data and data for scientific research.

  • Advised Embracer on data protection law related questions in connection with the acquisition of Easybrain.

  • Advised the shareholders of Infrareal GmbH on IT and data protection law related questions in connection with the sale of the Infrareal Group with the Life Science Parks Behringwerke Marburg and Pharmapark Jena to Swiss Life Asset Managers and Gelsenwasser.

  • Advised AAC Technologies on IT and data protection law related questions in connection with investment in and cooperation with Ibeo Automotive.

  • Advised Chr. Hansen Holding A/S IT and data protection law related questions in connection with the acquisition of Jennewein Biotechnologie GmbH.

  • Advised DBAG on IT and data protection related questions in connection with investment in congatec Holding AG.

  • Advised Paragon Partners IT and data protection law related questions in connection with the acquisition of Castolin Eutectic.

Admissions

  • Germany (2016)

Education

  • Regional Court of Appeal Dusseldorf (Assessor Exam) (2016)
  • Westfälische Wilhelms-University Münster (Dr. iur.) (2014)
  • Westfälische Wilhelms-University Münster (Referendar Exam) (2011)
  • La Trobe University (2008)
  • University of Bielefeld (2006)

Languages

  • English
  • German

Presentations

Lecturer, European data protection law – LL.M. in European and Transnational Intellectual Property and Information Technology Law (LIPIT) postgraduate program since 2019

Participant in panel discussion during Datenschutz Summit 2019 on current data protection topics, Berlin, November 2019

Publications

Author, "Unternehmen am Pranger?! - Öffentliche Äußerungen von Datenschutzbehörden im Zusammenhang mit Bußgeldverfahren", in: Kommunikation und Recht, 01/2021, p. 13-20 

Author, "Datenschutz und Straf- und Ordnungswidrigkeitenrecht", Specht/Mantz, Handbuch Europäisches und deutsches Datenschutzrecht, 2019, § 8

Co-author (with Arning), "RFID, Smartcards und Cookies," in: Forgó/Helfrich/Schneider, Betrieblicher Datenschutz, 3. Edition, München 2019, Teil X. Kapitel 2