Legal - vdma.org

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.

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.

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.

Shortening of retention periods for accounting documents.

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.

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.

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.

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.

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.

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

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

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.

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).

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.

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.

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

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

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

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.

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).

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

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

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

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

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.

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

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

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

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.

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

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

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