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From our content

From our content
Less bureaucracy and more legal certainty

Representatives of VDMA met with Commission officials from DG GROW, CONNECT and JUST to discuss reducing bureaucracy for SMEs, late payments, the EU Data Act and liability.

Deadline for LkSG reports extended again to 31.12.2025.

Obligation to submit the LkSG report for the 2023 financial year is again extended to 31.12.2025 by the government draft of the CSRD Implementation Act in order to avoid double reporting obligations for companies under the LkSG and CSRD.

BMAS dialog series on fair supply chains

Companies have the opportunity to participate in a BMAS dialog series on fair supply chains. The kick-off event will take place on November 11, 2024 in Berlin.

Fourth Bureaucracy Relief Act (BEG IV)

Shortening of retention periods for accounting documents.

Ruling on training AI with copyrighted works

The question of whether copyright-protected works may be used for AI training purposes is becoming increasingly important. The Hamburg Regional Court has now issued its first ruling on the use of images by an AI provider.

Tension between GDPR and commercial law

The ECJ has ruled in a preliminary ruling procedure on the conflict between the General Data Protection Regulation (GDPR) and commercial law, restricting shareholders' right to information.

Reducing bureaucracy: effects on employment law

On September 26, 2024, the Bundestag passed the Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration (Fourth Bureaucracy Reduction Act, BEG IV) at its second and third readings.

Associations oppose the labor minister's minimum wage demand

Together with other business and employers' associations, the VDMA has sent a letter to Federal Minister of Labor Hubertus Heil in which they make it clear that they reject political intervention in the setting of the minimum wage.

"Symposium New Legal Form" in October at the Bundestag

The Responsible Ownership Foundation's initiative to create a new form of limited liability company with tied assets, which was already reported on here in 2021, recently presented its plans at an event in the Bundestag.

Reduction of limitation period in GTC ineffective

A shortening of the limitation period in general terms and conditions is ineffective when covering claims for intentional breach of contract, decides the Higher Regional Court of Munich

European Commission publishes FAQs on the EU Data Act

The Commission has published the Frequently Asked Questions (FAQs) on the EU Data Act to help companies implement the Data Act.

"Artificial intelligence in the world of work" - VDMA BarCamp

On November 14, 2024, the VDMA and the Corporate Learning Community are organizing a BarCamp on the topic of "Artificial Intelligence in the World of Work" in Frankfurt am Main.

Federal Court of Justice provides guidance on notifying defects

In a decision, the Federal Court of Justice provides more detailed information on commercial notification of defects in accordance with Section 377 of the German Commercial Code (HGB).

The BPatG on the grant of patents after expiry of the patent term

According to the Federal Patent Court (BPatG), the interest in legal protection for a subsequent grant of a patent is based on the inventor's personality right.

Become active!

The new European Parliament is in place. This is a good opportunity to actively draw the attention of the new Members of the European Parliament to the bureaucracy surrounding the posting of workers.

EU Data Act – Where does our industry stand?

The VDMA is conducting a survey among its member companies on the state of implementation of the EU Data Act.

Whistleblower Directive implemented in all EU member states

Poland is the last EU member state to transpose Directive EU 2019/1937 (Whistleblower Directive) into national law.

Collective bargaining coverage by law?

In a public position paper, the German Trade Union Confederation (DGB) calls for an increase in collective bargaining coverage through legal measures.

Lawyer does not have to provide blanket information about insolvency risk

If instructed lawyers have no knowledge of the imminent insolvency of the defendant, they do not have to warn their client about it. The OLG Düsseldorf rejects a general obligation to investigate.

Survey on the transparency register

Until August 16, 2024, you can take part in a survey by the Federal Statistical Office to determine the compliance costs of the Transparency Register and Financial Information Act (TraFinG).

Facilitated enforcement of foreign court judgments in the UK

United Kingdom ratifies the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague Convention)

"Googling" triggers information obligations

"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.

Unequal pay must be presented in a verifiable manner

With regard to the principle of equal pay, the employer must provide verifiable evidence of the criteria for unequal pay.

Unauthorized charging of a hybrid vehicle

Charging a hybrid vehicle without permission can have consequences under employment law.

Can an AI be considered an inventor under patent law?

The question of the patentability of a machine-generated invention has repeatedly arisen in the past. This question has now been answered by the Federal Court of Justice in a recent decision (BGH, decision of 11.06.2024, ref. X ZB 5/22).

Requirements for joint responsibility within the Group

No fine against the parent company: Joint responsibility does not already exist in the case of a fundamental strategic decision and the establishment of a subsidiary.

AI Act published in the official EU Official Journal

The European Artificial Intelligence Act was published in the Official Journal on July 12, 2024.

"Joint Purchasing Agreement“ for Licenses

For the first time, the German Federal Cartel Office has reviewed plans for the joint negotiation of patent licenses and considers this to be permissible.

Works council remuneration: New requirements adopted

On July 5, 2024, the Federal Council approved the Second Act Amending the Works Constitution Act. This means that the more specific regulations on the remuneration of works council members can come into force.

TDDDG & DDG instead of TTDSG & TMG

As part of the implementation of the Digital Services Act at national level, among other things, certain digital laws have been renamed. This may lead to necessary changes for companies.

AGB law as international mandatory law

German law on the control of general terms and conditions is one of the regulations that also apply if the parties to the employment contract have made a choice of law in favor of a foreign legal system.

Requirements for advertising with "climate neutrality reference"

The marketing of products with environmental characteristics such as "climate neutrality" is in vogue. The Federal Court of Justice has now issued a ruling on this (BGH, judgment of 27.06.2024 - I ZR 98/23), which is also likely to have an impact on the B2B sector.

Chemicals: Collective wage agreement reached

BAVC and IGBCE have agreed on a two-stage wage package that guarantees companies planning security until the first quarter of 2026.

Fine of € 16 Million for Deleted WhatsApp Messages

Companies must cooperate with antitrust authorities during dawn raids. Even supposedly small mistakes can have expensive consequences.

Verification Act: Cabinet clears the way for text form!

At its meeting on 19.06.2024, the Federal Cabinet adopted a formulation aid for the Fourth Bureaucracy Relief Act (BEG IV).

Focus on applicant data and recruiting

Digitalization and the increasing use of artificial intelligence (AI) do not stop at application processes.

IG Metall: 7 percent for 12 months as a recommendation

The Executive Board of IG Metall published its recommended demands on 17.06.2024.

High Fine for Export Restrictions on Distributors

The European Commission has imposed € 337.5 million fine on Mondelez due to sales restrictions imposed by Mondelez on its distributors.

Submission of a recall notice

Commission publishes model for recall notices under the General Product Safety Regulation

Federal Cartel Office fines vertical price fixing

After the ECJ’s decision in the Super Bock case, the German Federal Cartel Office still imposes a fine for vertical price fixing.

More ratifications by Member States are needed

More than 27.000 patents have been registered in a total of 17 Member States after one year. The VDMA is calling on the other EU Member States to also join the unitary patent system.

Improper certificates of incapacity for work in circulation

Recently, an increasing number of incorrect certificates of incapacity for work have been appearing. The Confederation of German Employers' Associations (BDA) has sent out a circular on this subject.

Strike statistics: Significant increase in conflict intensity

The Federal Employment Agency (BA) has published its strike statistics for 2023. Compared to the previous year, the number of working days lost has more than doubled. The number of affected companies more than tripled.

Flood events: Receipt of short-time allowance

The floods in Germany have already caused considerable damage in some federal states - particularly in Saarland and Rhineland-Palatinate - and many companies have experienced restrictions.

BGH: GDPR right to information can include all correspondence from a person

The BGH clarifies that copies of documents of the data subject may also be covered by a request for information. In addition, it must be examined whether complete documents are required to contextualize the processed data.

Newsletter Law

The monthly legal update for the mechanical engineering industry - exclusively for member companies

Illegal advertising with TÜV seal

There is no unrestricted freedom of advertising in this area. A recent decision by Hamburg Regional Court makes this clear in relation to advertising with a TÜV seal.

New garnishment exemption limits from July 01, 2024

On May 16, 2024, the 2024 garnishment exemption limits pursuant to Section 850c ZPO were published in the Federal Law Gazette.

ECJ ruling deals with GDPR damages, among other things

The ECJ ruling of April 11, 2024 defines the framework for claims for damages in the event of GDPR violations and non-material damage.

Data protection in the commercial register: No right to data erasure

Munich Higher Regional Court confirms: No right to erasure of data in shareholder lists. General Data Protection Regulation provides no basis.

Our expert and focus topics

Our expert and focus topics
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
EU Data Act
The EU Data Act reorganises data traffic between companies. The aim of the European Commission is to promote the creation of data spaces in Europe and enable new digital business models. The consequences are far-reaching and represent both an opportunity and a risk.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Competitiveness for Europe and Germany
The VDMA is calling for good framework conditions for the mechanical engineering industry to ensure competitiveness. Technological sovereignty and European cooperation are crucial for innovation and independence.
European Policy
Europe is the home market for the machinery and equipment manufacturing industry, one of the largest industrial sectors in the EU economy. VDMA therefore stands for a competitive EU.
Europe and China
The perception of China in Germany and Europe has changed in recent years. Firstly, China is an important economic partner and also of significant importance for the German mechanical engineering sector. On the other hand, there is growing recognition at economic and political level in Germany and the European Union (EU) that the existing imbalance with China, for example in market access, is no longer acceptable.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

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To the point

To the point

Auf den Punkt Zitat Legal

"Germany as a business and industry location needs fresh input"

Karl Haeusgen, VDMA President

Auf den Punkt Zahl Legal

7

percent

of the total worldwide annual turnover of the previous financial year or up to EUR 35,000,000, whichever is higher, is the maximum fine for non-compliance with the prohibition of AI practices referred to in Article 5 of the EU AI Regulation.

Source: European Parliament

Auf den Punkt Zusammenfassung Recht

Summary
EU Late Payment Regulation: Council position expected on 28/29/11/2024
  • In September 2023, the EU Commission presented a draft for a new EU Late Payment Regulation (as part of the “SME Relief Package”). The key point of the draft regulation was a binding payment deadline of a maximum of 30 days, which is intended to prevent late payments. Member states were also to set up so-called “enforcement authorities”, placing payment transactions under “administrative supervision”, so to speak. The original draft regulation was subject to massive and widespread criticism from associations, economic players, chambers of commerce, etc. The VDMA was also critical of the project as presented.
  • On March 20, 2024, the responsible Committee on the Internal Market and Consumer Protection (IMCO) of the European Parliament adopted the draft report, followed by the plenary of the European Parliament on April 23, 2024. The EU Parliament has thus defined its position: In principle, a 30-day payment period is still envisaged at the core, although the period can be extended to up to 60 days in commercial transactions or even up to 120 days for certain product categories if expressly agreed. The European Parliament has therefore deviated from the original Commission proposal and the massive criticism of the original draft has therefore been partially taken into account. However, doubts remain as to whether the changes are far-reaching enough, especially as the creation of “enforcement authorities” is to be retained.
  • The Competitiveness Council, the body of the Council of the European Union responsible for the Late Payment Directive, has not yet adopted a negotiating position. It is expected to draw up a compromise text at its meetings on November 28 and 29, 2024. The negotiating position of the European Parliament from the past legislative period would also have to be confirmed by the newly elected Parliament before “trilogue negotiations” can take place between the Commission, Parliament and Council with the respective negotiating positions reached.
  • Whether and when these trilogue negotiations will take place is currently unclear. The VDMA will continue to monitor the process.

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Events

Thu. 14.11.24 Thu. 14.11.24

  • Labour Law
  • Work 4.0
  • Bildung
  • Competence Center Labour Market

Artificial intelligence in the world of work

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Fri. 29.11.24 Fri. 29.11.24

  • Patent Law
  • Industrial Communication
  • Electrical Automation

Standard essential patents (SEPs) in the field of wireless communications make a significant contribution to innovation. To this end, it is beneficial for mechanical engineering to learn about the functioning of the innovation and standardization ecosystem as well as the SEP licensing models of the telecommunications industry.

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Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
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In co-operation with the German Mechanical Engineering Institute (MBI), the legal department offers member companies seminars and events on current topics and legal issues.
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In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department has been published. Member companies can download it here.

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