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You are well advised to keep an eye on the legal decision-making parameters in every business transaction. The prerequisites for this are economic know-how and in-depth industry experience. Our member companies receive the necessary legal input - individually and tailored for mechanical engineering.

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Aus unseren Inhalten
Effectiveness of insolvency-dependent break-up clauses

The effectiveness of insolvency-dependent severance clauses depends on the individual case.

Online update on the Whistleblower Protection Act

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.

Round Table Contract Management & Plant Construction Law on 15.06.23/16.6. 2023 at VDMA

"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.

EU Parliament: Resolution on the EU-US adequacy decision

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.

Abusive wave of cease-and-desist letters

The automated scouring of websites for possible DSGVO violations through "Google Fonts" integration does not justify an injunction or immaterial claims for damages.

Whistleblower Protection Act may enter into force

Bundesrat approves compromise on Whistleblower Protection Act of the Mediation Committee.

The EU Commission's proposals for new patent rules

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 clause remains mandatory for construction contracts

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.

Evidential value of a certificate of incapacity for work

The probative value of certificates of incapacity for work is often disputed in practice. The individual case regularly decides.

Default of acceptance after notice of termination without notice has been given

Employers can be in default of acceptance in the event of contradictory behavior after issuing a termination without notice.

GDPR: "Copy" means a faithful and intelligible reproduction

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.

Mere breach of GDPR does not per se lead to damage claims

The ECJ has ruled that a claim for damages does not, however, depend on the non-material damage suffered reaching a certain threshold.

Conclusion of the VDMA seminar series Compliance in medium-sized companies

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.

Decree on the implementation of the Working Hours Act in NRW

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 modernization of EU digital company law

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?

EDPB adopts Guidelines on the Right of Access for Data Subjects

Following a public consultation, EDPB has adopted a final version of the Guidelines on Data Subject Rights - Right of Access.

Laws requiring posting: New edition available

GDA's publishing house has published the new edition of the print version of the laws that are required to be posted:

Recording of working hours: draft law presented

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.

ECJ on national regulations for employee data protection

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.

Competitiveness and innovation at risk

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?

UK Policy Paper "AI Regulation" published

The UK government's white paper describes plans for implementing an innovation-friendly approach to AI regulation. It is supplemented by a corresponding consultation.

Rheinmetall Must Hand Over Diagnostic Software

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.

Limit to state wage setting would finally be crossed

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.

Part-time education: off the table for the time being

On March 29, 2023, the German Cabinet approved a draft law to strengthen the promotion of education and training ("Weiterbildungsgesetz").

Whistleblower protection law now in mediation committee after all

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.

New BAFA reporting questionnaire online

As of Friday, March 31, 2023, the digital submission tool for the revised and streamlined reporting questionnaire is online on BAFA's site.

Sick leave by telephone ends on 31.03.2023

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.

Damages for breach of the GDPR right to information

A company had to pay 10,000 euros in damages to a former employee due to a breach of the GDPR right to information.

New garnishment exemption limits as of July 01, 2023

On March 20, 2023, the garnishment exemption limits 2023 according to § 850c ZPO were published in the Federal Law Gazette.

Literature: Düsseldorf publication series "Working Time

We would like to draw your attention to the new publication "Arbeitszeit" from the Düsseldorfer Schriftenreihe.

Right to information of the supervisory authority according to the ArbZG

What justifies a request for information by the occupational health and safety authority?

Working time or rest time? That is the question here!

Do breaks with standby duty count as working time or as rest time?

BAG on equal pay

Freedom of contract is no justification for unequal pay for men and women.

Online workshop "Business Human Rights in India" on Monday, 08.05.2023 from 10 a.m. to 12 p.m.

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.

No compensation for damages due to cancellation of trade fair during Corona pandemic

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 publishes position paper on cookie banners

EDSA provides guidance on the use of cookie banners in practice.

EU Data Act must be industry-compatible

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.

Chinese Standard Contractual Clauses (C-SCC) published

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.

Amendments to the Commercial Register Ordinance entered into force

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.

Immigration of skilled workers: draft legislation presented

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.

Newsletter Law

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

Law on the implementation of the transformation directive promulgated

The Bundestag promulgated the Law on the Implementation of the Transformation Directive on 28.02.2023.

How to deal with trade secrets?

The following article provides a brief outline of some suggestions for dealing with trade secrets.

Anti-competitive Agreements Between Employers

Competition law also applies to the labor market. As a reminder, the British competition authority published new guidance for employers.

Unclear contractual penalty clause is at the expense of the client

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.

Regulatory access from third countries in the EEA

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.

Expert reports confirm need for greater flexibility

The German Metal and Electrical Employers' Federation (Gesamtmetall) has commissioned three expert reports on current issues relating to working time legislation.

Whistleblower Act does not enter into force

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.

"Vigilante justice" through remote disconnection of a battery?

General terms and conditions that permit remote access to devices for the purpose of impairing their use are impermissible.

Hypotax procedure for temporary foreign assignment

Tax agreements at the expense of the employee in the case of posting abroad are permissible.

Our expert and focus topics

Our expert and focus topics
VDMA Infoportal Ukraine War
The machinery and plant engineering sector condemns the Russian invasion of Ukraine in the strongest possible terms. The VDMA supporta its member companies in word and deed in order to master the many challenges that are arising.
Brexit
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
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.
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?
Technological Sovereignty
Technological sovereignty as a goal is gaining importance regarding the changed geopolitical situation. International division of labor and global trade are our drivers of prosperity and are existential, especially for the mechanical engineering sector.
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.

Level 1 Themenwolke

To the point

To the point

Auf den Punkt Zitat Legal

"Even though the Swedish presidency must focus its work on crisis management, there are also many dossiers on the agenda that are enormously important for the mechanical engineering sector, including digital topics such as the Data Act."

Christian Steinberger, Head of Legal Services

Auf den Punkt Zahl Legal

5.2

percent

As part of the last collective bargaining round, employers and IG Metall agreed on a pay increase of 5.2 percent as of June 1, 2023 and 3.3 percent as of May 1, 2024.

Source: Südwestmetall

Auf den Punkt Zusammenfassung Recht

Summary
All BAFA handouts on the LkSG published
  • Handouts on risk analysis, complaint procedure, adequacy and the structured reporting questionnaire are available for download on BAFA's site
  • Existence and publication of reports on the LkSG will not be reviewed by BAFA until the deadline of June 1, 2024
  • Third parties can now submit complaints of LkSG violations to BAFA via an online form

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Events

Unsere Leistungen

Unsere Leistungen
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies

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Our publications
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.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
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 for 2021 has been published. Member companies can download it here.

Working groups/Committees

Working groups/Committees

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Benefits for you as a member

Largest industry network in Europe

3,600 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

Strong representation of interests

The VDMA is the most important voice of the machinery and equipment manufacturing industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

A wide range of services

More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.