Expert opinions, which are made for an extrajudicial purpose, are private reports. If an opinion is produced for a party of a civil proceeding, the purpose of which is the submission to the court, it is a party opinion. (1) Private or party opinions as well as the court’s report must be produced by the expert to the best of his knowledge as well as impartially.
Due to our Independence, the Experts of the German Association for Data Protection are particularly respected before Courts, Public Prosecutors and by Business.
The IT-experts of the German Association for Data Protection are independent and objective experts. We are neither bound to a purpose nor to a result desired by the client. First and foremost, we are not committed to our client, but to neutrality. Our private reports ensure an impartial presentation and assessment of a fact in a generally comprehensible manner.
A private report can be ordered from the German Association for Data Protection by anyone, including legal entities, insurance companies, associations or public authorities. Our private reports are often used to present a well-defined fact in advance in order to examine it and to determine whether facts can be proved in court. If private assessments are already made before a court dispute, the litigation costs of the plaintiff are often minimized. A potential defendant party may also have an expert opinion prepared. Such an opinion may be useful in order to better assess the risk of judicial review.
As a neutral and objective body, our experts do not distinguish between a private appraisal and a court opinion. Each expert opinion is prepared in a professional, subject-specifically neutral and independent manner.
Some differences are still present. The expert opinions are different depending on the client, and therefore on the person who asks us a question. If the IT-experts of the German Association for Data Protection act as court experts, the question will be asked by the court. In the case of private assessments, our client submits to us the questions to be answered. Private assessment is paid by the client and the court’s account is settled directly by the court. The German Association for Data Protection may freely agree upon the fees for the former. The court’s opinion is settled according to the statutory fees (JVEG). When commissioning a private opinion, we charge appropriate advance costs before commencing our expert activity, while we only settle a fee for a court opinion with the court after the opinion preparation has been made.