Forwarding of personal employee data by works council member via private email account justifies exclusion from works council
Compensation after loss of control of data
Disclosure of health data by employers can lead to compensation.
The EU's regulatory approach to perfluorinated and polyfluorinated alkyl compounds (PFAS) is jeopardizing entire production processes in mechanical and plant engineering - including in ventilation technology. A recent publication provides detailed knowledge for the industry.
With its new position paper, VDMA Building Technology appeals to politicians to set the right course for a sustainable and competitive turnaround in construction and modernization.
Better protection for people in the event of a fire - modern technology in buildings, such as smoke extraction systems, can help. At a symposium, the VDMA General Ventilation Technology Association presented new findings on securing buildings in the event of a fire.
The General Court of the European Union recently dealt with a case concerning the partial revocation of an EU figurative mark (General Court, judgment of 22.01.2025, Ref. T-517/23).
The amendment to the German Federal Emission Protection Ordinance (4th BImSchV) by the German legislator brings clarity and relief both for the placing on the market of smaller electrolysers below 5 MW and for large-scale plants.
The BGH has confirmed that data protection violations can be prosecuted not only by the data subjects themselves, but also by competitors and consumer associations.
The BAG specifies the requirements for non-material claims for damages under Art. 82 para. 1 GDPR.
The current EU-US Data Privacy Framework constitutes a legal basis for the transfer of personal data to the USA. How do current political developments affect this data transfer instrument?
The reform of foundation law, which came into force on 1 July 2023, has redefined foundation law in a nationwide manner. Part of this regulation is the introduction of the central, publicly accessible register of foundations with publicity effect.
To admit or not to admit bidders from third countries? The contracting authority may decide.
Section 273a of the German Code of Civil Procedure (ZPO), which was introduced on April 1, 2025, provides extended protection for owners of trade secrets.
The AI Act entered into force 2 August 2024. A VDMA FAQ document was prepared together with the law firm FPS to provide non-binding guidance, now available as 2nd edition.
Automatic email responses can justify a warning under unfair competition law.
Company agreements must be fully GDPR-compliant.
With its new position paper, VDMA Building Technology appeals to politicians to set the course for a sustainable and competitive turnaround in construction and modernization.
The draft bill for the German national Data Act Implementation Act was published at the beginning of February. To effectively implement the Data Act the draft bill needs to be adopted rather sooner than later.
The BGH decides on the question of whether arbitration proceedings are inadmissible if there is a risk that the arbitral tribunal will apply an ineffective contractual penalty provision.
In its final judgment of 08.01.2025 - 7 U 1776/23 - the Higher Regional Court of Munich deals in passing with the commercial letter of confirmation and confirms the established case law.
The Austrian Supreme Court issued a decision on the protection of trade secrets against former employees. Accordingly, the owner of a trade secret must protect it appropriately from a former employee.
In this session of the event series "With new knowledge into the year 2025", VDMA Power Systems will shed light on the topic of the CS3D supply chain law.
Pay slips may only be provided online
Assistance from the VDMA legal department on dismissals for operational reasons
The Federal Court of Justice (BGH) has ruled that a third-party loan can be classified as a subordinated shareholder loan, even if the general partner GmbH does not hold a share in the capital of the GmbH & Co. KG receiving the loan.
By denying a trade union the right of digital access to the company, the BAG sets limits to the institutional freedom of association.
Your opinion is needed: How do public procurement rules work in Europe?
The ECJ has denied protected access for economic operators from third countries that are not part of the GPA or a similar agreement.
The Mannheim Regional Court has issued the first decision of the Unified Patent Court (UPC) regarding FRAND (Fair, Reasonable, and Non-Discriminatory) (UPC, Local Chamber Mannheim, judgment of 22.11.2024, UPC_CFI_210/2023 - Panasonic/OPPO).
Suppliers beware. According to the ECJ, a (quasi-)manufacturer is not only someone who produces a product, but also someone who sells it under the same name and logo as the manufacturer.
Two judgments published at the end of 2024 could contribute to more cases being heard before the Unified Patent Court (UPC) in future.
From June 2025, new accessibility requirements will be imposed on products and services in accordance with the German Accessibility Strengthening Act. But is the law also relevant for mechanical and plant engineering?
The new EU Product Liability Directive was published in the EU Official Journal on 18.11.2024, enters into force on the twentieth day after its publication and must be transposed into national law by 09.12.2026.
A business service is fully liable for incorrect information about companies generated by AI if an error-prone system is deliberately used and responsibility for the content is assumed.
Simplify construction processes, but never compromise on standards
The decision of the Federal Court of Justice (BGH) of May 7, 2024 (case reference: X ZR 104/22) deals with the question of how to calculate damages for patent infringements committed in patent-free foreign countries.
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.
In view of the ongoing housing crisis, the VDMA Building Technology Forum supports all efforts to create affordable housing and promote refurbishment work.
Impact on mechanical and plant engineering in conjunction with electrical automation
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.
An overview of the most important laws and standards that must be observed for the development, manufacture and placing on the market of medical devices in order to ensure their safety and performance.
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.
"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.
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.
The aim of the European regulation is to minimize the negative impact of packaging on the environment - with a high impact on the mechanical and plant engineering industry.
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.
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.
The Berlin Court of Appeal has ruled in a case that companies are liable per se in the area of GDPR violations. An administrative order imposing a fine does not have to specify the natural person who may have been responsible for a breach of duty.
The EU Data Regulation came into force on January 11, 2024. A VDMA FAQ document has been compiled and updated to provide non-binding guidance.
Action is required for all companies with at least 50 employees
