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 German Federal Court of Justice keeps up its consistent line in decisions on company rights in relation to data protection in contrast to the ECJ, which restricted shareholders' right to information in September last year.
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 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.
Company agreements must be fully GDPR-compliant.
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 VDMA has developed a guidance to provide non-binding orientation on the data sharing obligations under the EU Data Act.
On February 4, 2025, the EU Commission published guidelines to provide an overview of the AI systems that have been banned in the EU since this February.
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 results of the VDMA-survey clearly show that there are still a lot of legal uncertainties regarding the implementation of the Data Act.
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.
The Commission has published the Frequently Asked Questions (FAQs) on the EU Data Act to help companies implement the Data Act.
Impact on mechanical and plant engineering in conjunction with electrical automation
The VDMA is conducting a survey among its member companies on the state of implementation of the EU Data Act.
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.
Digitalization and the increasing use of artificial intelligence (AI) do not stop at application processes.
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.
On 13.03.2024, the European Parliament gave the green light for the so-called AI Regulation. It is intended to ensure safety and respect for fundamental rights in the context of artificial intelligence and promote innovation.
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.
The VDMA handout on the implementation of the DSGVO has been revised. It is now available in a second edition in German and English exclusively for VDMA members.
The EU Data Act aims to put data traffic on a new footing, including between companies. This could shift the center of power in the economy. For industrial SMEs, this law is both an opportunity and a risk.
