Latest Posts in the WINHELLER Blog:

Brexit: Contingency measures for data protection in Germany

Feb 25, 19 • Privacy Law • No Comments • Olga Stepanova

The effective date, on which Britain leaves the EU, is currently expected to be March 29, 2019. After the House of Commons rejected the Brexit deal negotiated with the EU on January 16, 2019 and given that no significant rapprochement has […]
Registration of Cryptocurrency Companies in Germany

Dec 19, 18 • Digital Currencies • No Comments • Benjamin Kirschbaum

The judgment of the Supreme Court of Berlin, which found that cryptocurrencies are no units of account within the meaning defined for regulatory purposes, shook up the German cryptocurrency scene. The first Bitcoin ATMs have been installed and many startups are […]
Tobacco Trade in Germany: What Distinguishes Chewing Tobacco?

Dec 19, 18 • Customs Law • No Comments • Bartosz Dzionsko

Besides the common cigarette, smokeless tobacco products are a popular form of consuming tobacco. Smokeless tobacco does not involve a combustion process but is intended for oral use. The EU prohibited the sale of tobacco products for oral use by its […]
First GDPR Fine Imposed in Germany

Dec 19, 18 • Privacy Law • No Comments • Olga Stepanova

After a hacker attack on the chat platform “Knuddels”, the social media company was fined a five digit amount by the fines office of the State Commissioner for Data Protection and Freedom of Information (LfDI) of Baden-Württemberg. Among other things, Knuddels […]
Business Trips Treated as Working Time – A Journey into the Unknown?

Dec 19, 18 • Employment Law • No Comments • Dr. Eric Uftring

International business trips are becoming increasingly more common for German companies. Hence, the question arises as to whether employees are entitled to remuneration for business trips. The remuneration is particularly problematic if no provisions are included in collective or individual employment […]
Compensation for the Expulsion of a German GmbH’s Shareholder

Dec 19, 18 • Corporate Law • No Comments • Thomas Schwab

When a shareholder is expelled from a limited liability company under German law (GmbH) and his share redeemed, he is entitled to receive compensation. The amount of said compensation depends on the fair market value of the leaving shareholder’s share at […]
Video Surveillance of Employees in Germany – When Do Video Recordings Have to Be Deleted?

Oct 2, 18 • Employment Law, Privacy Law • No Comments • Olga Stepanova

An ever increasing number of employers are considering to monitor their employees by video surveillance if they suspect them of not fulfilling their duties under the employment contract. In this context, the Federal Labor Court (BAG) recently ruled that recordings obtained […]
Initial Coin Offering (ICO) – How to Avoid Investor Protection Claims

Sep 28, 18 • Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

Initial Coin Offerings (ICOs) have established themselves as an alternative form of corporate financing at least since 2017. Compared to conventional methods like share issues or venture capital financing, ICOs offer various advantages. In most cases, they are cheaper and faster […]
Errors in Supplier’s Declarations: This Is How to Avoid Them

Sep 27, 18 • Customs Law • No Comments • Bartosz Dzionsko

Where the movement of goods is subject to customs legislation, the supplier’s declaration is one of the most important supporting documents. The EU has concluded preferential trade agreements permitting the preferential customs treatment of bilateral imports of goods with various countries. […]
BaFin Confirms Regulatory Exemption of Utility Tokens in Germany

Sep 27, 18 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

In the past, we already reported about so-called Initial Coin Offerings (ICO) that may be a suitable alternative source of corporate financing. Until recently, however, the regulatory situation was uncertain. The Federal Financial Supervisory Authority (BaFin) had already classified Bitcoins as […]