What does a courtroom look like from the inside? How does TikTok defend itself against accusations of violating the privacy of teenagers? How do judges moderate the proceedings? In short: how does the application of law and jurisprudence work in Germany? These questions were addressed during an interdisciplinary excursion by business administration students and Business Computing students to the Berlin Regional Court II on 25 November.

Prof. Friederike Busch, professor of civil law with a track on IT law, invited third-semester Business Computing students taking the ‘IT Law’ module and first-semester business administration students taking the ‘Introduction to Law’ module to attend the first day of the trial in the lawsuit brought by the Federation of German Consumer Organisations (VZBV) against TikTok regarding data protection law.

Experiencing law: two degree programmes, two perspectives

‘For the business administration students, it was mainly about the general experience: what does law mean in everyday life, e.g. in the TikTok app, what does a court look like from the inside, how does our jurisdiction work, how are cases heard (and decided)?’ said Friederike Busch.

For the Business Computing students, it was also about the specific subject of data protection and engineering, i.e.: How is data protection implemented in real life? What are the issues, risks and design options? What legal requirements do you have to consider when building an app? In the event of a dispute, what are the strategic considerations in litigation? explains Friederike Busch.

Impressive: building and welcome

The students were already overwhelmed and almost enchanted by the impressive, pompous Palace of Justice, which is tucked away at Littenstraße 12-17 in Berlin Mitte. ‘Authority’ is the feeling conveyed by the entrance hall – the historic, listed architecture is intended to emphasise the dignity of the court. And, according to some students, it seems as if mythical creatures from Harry Potter or Fantastic Beasts could float down the staircases at any moment.

However, it was not a mythical creature, but the presiding judge at the Regional Court, Civil Chamber 15, Dr Rolf Danckwerts, LL.M. (Tulane/USA), who personally welcomed the students to the large, rather simple courtroom and introduced them to the case. Due to the high level of interest among students, the hearing was specially moved to the large courtroom.

The hearing: What it was about

In this specific case, the core issue was whether and how TikTok's use of personalised advertising towards teenagers between the ages of 13 and 16 was legally compliant. While the VZBV was represented in person and by a solicitor, TikTok had sent three solicitors and an observer. The hearing got straight down to business.

‘It was particularly impressive to see how the ball was passed back and forth. Although the arguments were very strong, the other side was always able to respond – it was like a sports match,’ said Simon Malik, a Business Computing student in the class of 2024. ‘At the same time, it always remained “fair play”, i.e. objective and respectful. It was also very nice that both the judges and the lawyers from TikTok answered questions from us.’

Pure enthusiasm: exciting insights into legal practice

‘It was a great experience!’ said Gaston-Rhony Ebanga, also a Business Computing student in the class of 2024. Some students found it so interesting that they wanted to go straight to the next IT law hearing. Because after the lawsuit is before the lawsuit: on 2 December, Judge Dr Danckwerts heard a lawsuit concerning databases. ‘That's one advantage of TH Wildau, just outside Berlin,’ said Professor Busch, ‘that we are offered interesting and high-quality cases, and I want to give students access to them.’

In any case, everyone is eagerly awaiting the verdict in the VZBV v. TikTok case, which will be announced in December or January at the latest.