Archiv für die Kategorie ‘German Business Law’

Group-Wide Introduction of A Compliance Management System in Germany: A Legality Obligation of Parent Companies For Their Subsidiaries?

Dec 29, 22 • Compliance • No Comments • Dr. Constantin Goette

The topic of the group-wide obligation to establish a Compliance Management System is always the subject of controversial discussion in legal literature in Germany. According to advocates of this system, parent companies should ensure that the respective subsidiaries maintain effective compliance […]
GmbH Shareholder Meetings Possible Virtually in Germany

Dec 29, 22 • Compliance, Corporate Law • No Comments • Philipp Barring

The numerous positive practical experiences during the corona pandemic have prompted the legislator to make a small but significant change to the law: With immediate effect, German limited liability companies (GmbH) can also hold their shareholders’ meetings virtually without having to […]
The Ideal Company Sale From The Seller’s Point of View in Germany

Dec 29, 22 • Corporate Law • No Comments • Phillipp von Raven

When selling a company in Germany, it makes sense for the seller to consider in good time which criteria are essential for a successful sale of the company from his point of view. Deal security is decisive for the selection of […]
Sunday, Public Holiday And Night Bonuses Are Subject to Social Security Contributions in Germany

Dec 29, 22 • Employment Law • No Comments • Dr. Eric Uftring

The German Social Security Act provides that remuneration for work is “all current or non-recurring income from employment, regardless of whether there is a legal entitlement to the income, under what name or in what form it is paid, and whether […]
Inflation Premium in Germany: Tax-Free Payments to Employees of up to EUR 3,000 Possible

Dec 29, 22 • Employment Law, Tax Law – Miscellaneous • No Comments • Sascha Matussek

The German population has noticed and felt the effects of the rising prices for gas and food. In order to contain the burdens stemming from the currently high inflation, the German government has initiated an inflation compensation premium. This is part […]
Breach of Due Diligence: Managing Director in Germany Personally Liable For Employee Violations

Sep 21, 22 • Compliance • No Comments • Dr. Constantin Goette

It is repeatedly confirmed by the jurisdiction: Managing directors of a German limited liability company (GmbH) can be held personally responsible for the violations of an employee. In a recent case, the Nuremberg Higher Regional Court (OLG) confirmed a ruling by […]
Privacy in Germany: What to Consider When Using Tracking Tools

Sep 21, 22 • Privacy Law • No Comments • Olga Stepanova

For some, the General Data Protection Regulation (GDPR) means strengthening user privacy against data-hungry companies; for others, it is bureaucratic dallying that creates unnecessary costs for innovative companies. These differing opinions collide with each other, particularly in the field of online […]
German Employment Contracts: These Contents Should Be Included

Sep 21, 22 • Employment Law • No Comments • Dr. Eric Uftring

Amendment to employment law forces employers to act The Act on Proof of the Existence of an Employment Relationship obliges employers in Germany to record and hand over essential terms of an employment contract. As of August 1, 2022, this law […]
German Companies Can Permanently Fill Individual Positions With Temporary Workers

Jun 29, 22 • Employment Law • No Comments • Dr. Eric Uftring

Temporary employment is the temporary transfer of a temporary worker from a lender to a hirer. The German Temporary Employment Act (Arbeitnehmerüberlassungsgesetz, AÜG) assumes a maximum assignment period for the respective temporary worker to the same hirer of generally 18 months […]
New Model For Fines For GDPR Violations

Jun 29, 22 • Compliance, Privacy Law • No Comments • Patricia Jechel

When the General Data Protection Regulation (GDPR) came into force more than four years ago, the introduction of fines as a penalty for data protection violations caused quite a stir. For the most part, the horrendous fines feared at the time […]