Archiv für die Kategorie ‘German Business Law’

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 […]
Cryptocurrencies as Wages: What Employers in Germany Need to Know

Feb 12, 21 • Digital Currencies, Employment Law • No Comments • Lars Gerbe

Cryptocurrencies such as Bitcoin are becoming increasingly popular. While cryptocurrency was only traded sporadically in the beginning, some of the currencies have now become firmly established. Making payments using cryptocurrency is possible in many places in Germany. But are German employers […]
Interim Aid in Germany: Which Companies May Apply for Financial Assistance?

Dec 22, 20 • German Business Law • No Comments • Bartosz Dzionsko

The German Federal Ministry of Economics is once again granting financial aid to small and mid-sized companies to mitigate the economic consequences of the corona pandemic. Companies can still apply for “Überbrückungshilfe II” until the end of the year. “Überbrückungshilfe III”, […]
Use of External Personnel in the German Meat Industry: Restrictions as of January 1, 2021

Dec 22, 20 • Employment Law • No Comments • Lars Gerbe

After lengthy negotiations, the German parties SPD and CDU have reached an agreement on legal changes in the meat industry. This tightening of the law was justified by the conditions in the meat industry that became apparent during the corona pandemic. […]
Challenge in Data Protection: Data Transfer From the EU to the USA and Great Britain

Dec 22, 20 • Privacy Law • No Comments • Olga Stepanova

Companies within the European Union are faced with major challenges if they want to transfer personal data from the EU to the USA or the UK. A data transfer takes place, for example, when employee data is exchanged with subsidiaries based […]