General counsel | eyeo
Kai Recke
General counsel | eyeo
Team size: Three
What are the most significant cases or transactions that your legal team has recently been involved in?
For the last 8 years, despite having limited resources working for a small start-up company in Germany, our legal team has been defending several cases that centre around the question “do internet users have to ask website operators for permission if they configure their browser in a certain way when visiting the website?”. Publishers in Germany, France and the U.S, have legally challenged the right of any user to have the final say on how a website is displayed on their monitor.
Since 2020, the focus has shifted on the copyright and, in 2021, we successfully defended, in first instance, a related case in Hamburg brought against eyeo, by Axel Springer. By doing so, we were able to set a precedent on how websites can be legally defined and established guidance for all browser developers like Google, Mozilla and Microsoft, on how their users are allowed to use the browser software. This case is very technical, and it required an in-depth understanding of browser technology and web standards. The trial is currently in appeal and will most likely be referred to the Court of Justice of the EU, as it touches fundamental net-technology and interactions.
How do you feel the pandemic has changed the world of work for in-house counsel and the function of the general counsel?
To be honest in our online media and software area of expertise, it has not changed that much. We have been working remotely before the pandemic and it wasn’t a big change when it became mandatory. However, personal meetings are even more valued now as anything that you can do, but voluntarily refuse to do, feels less as a loss, compared to if you are told you must not do it. If anything changed, was the onsite experience on being in the office and catch the discussions and ideas so you can jump in and add your ideas, which has made discussions less proactive. Most likely because in a home office arrangement, you are trapped in your own schedule and don’t have many unplanned interactions.
How much influence do you, as a general counsel, have on the diversity and inclusions policies of your organisation?
As we draft the policies in coordination with high-ranking executives, we ensure a 50% gender equality rate and are very proud about our international culture, with more than 40 nationalities in our company teams.
General counsel | Eyeo
Having been serving as general counsel at eyeo since 2014, Kai Recke’s in-house legal career started at Sedo, a start-up in Cologne where he built up the legal department from...
General counsel | Eyeo
An enthusiastic self-starter, Kai Recke has consistently displayed an ambitious streak throughout his legal career, pushing him to succeed within the online domain in giving premier legal guidance to creative...