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The effectiveness of insolvency-dependent severance clauses depends on the individual case.
VDMA Legal Department will provide information in an online update on 30.05.23 from 10 - 11 a.m. about the latest agreed changes with which the Whistleblower Protection Act will come into force.
"Challenges in troubled times" is the motto of the Contract Management and Plant Construction Law Roundtable on June 15 and 16, 2023 at VDMA with a top-class line-up.
The European Parliament plenary adopted a resolution on the adequacy of the protection provided by the EU-US data protection framework on May 11, 2023.
The automated scouring of websites for possible DSGVO violations through "Google Fonts" integration does not justify an injunction or immaterial claims for damages.
Bundesrat approves compromise on Whistleblower Protection Act of the Mediation Committee.
The EU-Commission published on 27 April 2023 new proposals for standard essential patents, compulsory licensing and supplementary protection certificates. What are the main elements?
Price escalator clauses continue to be mandatory in the context of public construction contracts, because without such clauses, bidders would be forced to take an unusual risk, which is contrary to procurement law.
The probative value of certificates of incapacity for work is often disputed in practice. The individual case regularly decides.
Employers can be in default of acceptance in the event of contradictory behavior after issuing a termination without notice.
The right to a "copy" includes excerpts from documents or entire documents or also of corresponding excerpts from databases, if this is indispensable to enable the effective exercise of the rights conferred by the GDPR.
The ECJ has ruled that a claim for damages does not, however, depend on the non-material damage suffered reaching a certain threshold.
The final workshop on the development of a CMS in medium-sized companies will take place with the topics Compliance Trainings, KPIs and Investigations on Wednesday, June 22, 2023 at the VDMA building in Frankfurt.
The Ministry of Labor, Health and Social Affairs of the State of North Rhine-Westphalia (MAGS NRW) has announced a decree on the implementation of the Working Hours Act dated 19 April 2023.
The EU-Commission adopted on 29 March 2023 a proposal for a Directive to extend the use of digital tools and processes in company law. What are the main elements?
Following a public consultation, EDPB has adopted a final version of the Guidelines on Data Subject Rights - Right of Access.
GDA's publishing house has published the new edition of the print version of the laws that are required to be posted:
The German Federal Ministry of Labor and Social Affairs (BMAS) submitted a draft bill on the legal regulation of working time recording for departmental approval on 18 April 2023.
The ECJ (Rt. v. 30.03.2023, C-34/21) has ruled that national regulations on the processing of employee data must remain inapplicable if they do not comply with Art. 88 DSGVO or Art. 6 para. 3 DSGVO.
The EU Commission published a proposal for a product liability directive on September 28, 2022. What are the main concerns from the perspective of the mechanical engineering industry?
The UK government's white paper describes plans for implementing an innovation-friendly approach to AI regulation. It is supplemented by a corresponding consultation.
The German Federal Cartel Office (“FCO”) forces Rheinmetall to hand over diagnostic software to enable a competitor to provide maintenance services for the GTK Boxer.
The renewed increase in the minimum wage planned by Minister Heil would be a serious encroachment on collective bargaining autonomy. The function of the minimum wage commission would thus be undermined for the second time.
On March 29, 2023, the German Cabinet approved a draft law to strengthen the promotion of education and training ("Weiterbildungsgesetz").
On April 5, 2023, the German Cabinet decided after all to appeal to the Mediation Committee with regard to the Whistleblower Protection Act, which the Bundesrat had refused to approve.
As of Friday, March 31, 2023, the digital submission tool for the revised and streamlined reporting questionnaire is online on BAFA's site.
During the Corona pandemic, the Federal Joint Committee (Gemeinsamer Bundesausschuss, G-BA) had included a temporary special regulation on sick notes by telephone in its incapacity for work guideline.
A company had to pay 10,000 euros in damages to a former employee due to a breach of the GDPR right to information.
On March 20, 2023, the garnishment exemption limits 2023 according to § 850c ZPO were published in the Federal Law Gazette.
We would like to draw your attention to the new publication "Arbeitszeit" from the Düsseldorfer Schriftenreihe.
What justifies a request for information by the occupational health and safety authority?
Do breaks with standby duty count as working time or as rest time?
Freedom of contract is no justification for unequal pay for men and women.
The VDMA Legal Department invites you to an online workshop in cooperation with Osborne Clarke and BTG Legal on Business and Human Rights in India.
Trade fair postponements and cancellations could be lawful against the background of the loss of the basis of the contract, so that exhibitors are not entitled to claim damages, as a ruling by the Higher Regional Court of Frankfurt am Main shows.
EDSA provides guidance on the use of cookie banners in practice.
The EU Digital Strategy is important for the single market. The associated EU Data Act has massive implications for the entire interlinked industry business. Legal uncertainty must be avoided.
The Cyberspace Administration of China (CAC) published the C-SCC and the corresponding regulation on February 24, 2023. These will come into effect on June 1, 2023.
On 23.12.2022, amendments to the Commercial Register Ordinance (HRV) came into force, which are intended to ensure better protection of personal data in the digital commercial register.
On 20 February 2023, BMAS and BMI presented drafts of a law on the further development of skilled labor immigration and an ordinance on the further development of skilled labor immigration.
The monthly legal update for the mechanical engineering industry - exclusively for member companies
The Bundestag promulgated the Law on the Implementation of the Transformation Directive on 28.02.2023.
The following article provides a brief outline of some suggestions for dealing with trade secrets.
Competition law also applies to the labor market. As a reminder, the British competition authority published new guidance for employers.
Contractual penalties can also be effectively agreed by means of general terms and conditions. However, if they refer conceptually only to the "settlement sum" for their calculation, the net settlement sum is meant.
The Data Protection Conference has issued a statement on the data protection assessment of the possibility of access by public authorities from third countries to personal data in the EEA in the case of commissioned processing.
The German Metal and Electrical Employers' Federation (Gesamtmetall) has commissioned three expert reports on current issues relating to working time legislation.
In its meeting on 10.02.23, the Bundesrat does not approve the draft of the Whistleblower Protection Act, thus preventing the Act from coming into force.
General terms and conditions that permit remote access to devices for the purpose of impairing their use are impermissible.
Tax agreements at the expense of the employee in the case of posting abroad are permissible.
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