Archiv für die Kategorie ‘German Business Law’

Compliance: Avoiding Liability Traps in German Companies

Jun 30, 21 • Compliance • No Comments • Philipp Barring

In simple terms, compliance means adherence to or conformity with rules. The term is used as a synonym for the organizational and supervisory measures within a company that are conducive to compliance with applicable laws, guidelines and other (voluntary) regulations in […]
Prohibition of Competition When A German LLC Partner Withdraws

Jun 30, 21 • Corporate Law • No Comments • Thomas Schwab

Regulation in the articles of association The articles of association state, among other things, that no partner may acquire an interest in a competing company during the term of the agreement, a post-contractual non-competition clause shall not be stipulated, and the […]
Equal Pay Claim in Germany

Jun 30, 21 • Employment Law • No Comments • Lars Gerbe

In addition to the public law licensing regulations, employee leasing (also referred to as temporary employment) involves a number of special features that regulate the contractual relationship between the parties of the employment contract (employer/leasing party and employee/temporary worker). The most […]
EU Commission Adopts New GDPR Standard Contractual Clause

Jun 30, 21 • Privacy Law • No Comments • Olga Stepanova

With the new standard contractual clause, the EU Commission has introduced an important instrument for international data transfer. But what are the implications of this decision for controllers and processors in Germany? What is a standard contractual clause? Data transfer outside […]
Compliance Management Structures in Germany: An indispensable tool for release from liability

Mar 31, 21 • Compliance, Corporate Law • No Comments • Dr. Constantin Goette

Developments in recent years regarding directors’ and officers’ liability make it clear: The personal – otherwise unlimited – liability risk of general managers, supervisory bodies and executives is omnipresent. It is quite conceivable that one or the other has restless nights […]
“Best Effort” obligations in the acquisition of companies and in contracts in Germany

Mar 31, 21 • Corporate Law • No Comments • Phillipp von Raven

In contracts, such as company purchase agreements or supply agreements, there are often clauses according to which a party is not wholly obliged to perform (e.g. to supply certain goods) or to bring about a success (e.g. to prompt the approval […]
Working on Sunday is not permitted in Germany

Mar 31, 21 • Employment Law • No Comments • Lars Gerbe

For German employers it is often preferable that employees also work on Sundays. But is that legally permissible? The law in Germany intends to ban work on Sundays (and general public holidays) for the protection of workers as well as for […]
No materiality threshold for damages under the GDPR?

Mar 31, 21 • Privacy Law • No Comments • Patricia Jechel

Damages as a sanction under the GDPR The General Data Protection Regulation (GDPR) empowers supervisory authorities to impose heavy fines. These fines can be much higher than before. This has been a concern for companies since the GDPR came into force. […]
Staff Leasing: Foreign Collective Agreement to Be Applied to German Employment Contracts

Feb 24, 21 • Employment Law • No Comments • Lars Gerbe

A large number of regulations must be observed when leasing staff abroad. The European Court of Justice (ECJ) has now ruled that, under certain circumstances, collective wage agreements from other EU member states must also be applied to the employment relationships […]
Intellectual Property Interests as “Substantial Capital” for U.S. E-2 Investment Visa

Feb 17, 21 • Intellectual Property Law, U.S. Law • No Comments • Paul Bess

U.S. E-2 investment visa: value is high, but so is the cost Investing in a U.S. business venture can be exciting and highly lucrative. The E-2 investor visa is one of the best options for German citizens and businesses seeking to […]