Legal - vdma.org

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

Women who suffer a miscarriage from the 13th week of pregnancy have been subject to maternity protection since June 1, 2025.

The EU-Commission has announced that it will withdraw the proposal for a Directive on AI liability. VDMA is calling on the EU-Commission to take the necessary steps.

On 21 May 2025, the EU Commission presented a fourth omnibus package to reduce the annual administrative costs for companies. It also provides for simplifications in the implementation of data protection for certain companies.

In its judgment of March 20, 2025 (case no. 6 U 3824/22), the Munich Higher Regional Court (OLG) commented on the FRAND objection for the first time in the context of main proceedings.

The VDMA is offering a webinar on this topic together with US attorney Manny Schönhuber on June 11, 2025 in German and English.

In a FAQ, the EU Commission has clarified what the AI Regulation (AI Act) means by AI competence and what obligations apply to the operators of AI systems.

Forwarding of personal employee data by works council member via private email account justifies exclusion from works council

The newly formed government wants to maintain the voluntary nature of military service. In addition, it plans to further strengthen the reserve and homeland security and to better anchor them structurally and socially.

Compensation after loss of control of data

Disclosure of health data by employers can lead to compensation.

The Federal Office of Economics and Export Control (BAFA) publishes a fact sheet on industry initiatives in the context of the Supply Chain Due Diligence Act (LkSG).

Legal requirements relating to environmental protection and the circular economy may be challenging to implement, but they are no exception to the ban on cartels.

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).

In the days leading up to Easter, there were a number of developments in the ESG area, from "Stop the Clock" to EUDR guidelines. We provide a brief overview and comment on the statements on the LkSG in the coalition agreement.

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.

Are managing directors liable for cartel fines imposed on the company? The ECJ must now answer this question.

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.

No economic growth, an ageing society and rising expenditure and contributions: The challenges in labor market and social policy could hardly be greater.

On April 11, 2025, the 2025 garnishment exemption limits pursuant to Section 850c ZPO were published in the Federal Law Gazette.

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?

In economically challenging times, companies are often faced with the difficult task of optimizing their personnel costs.

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.

Assistance from the VDMA legal department on retention obligations and periods for commercial documents - new, updated 2025 edition

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.

The parties to the collective agreement in the M E industry in Baden-Württemberg have concluded a collective agreement that enables companies to lend employees to each other in order to avoid short-time working or redundancies.

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.

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.

Package to reduce the bureaucratic burden on companies in the area of sustainability also provides for adjustments to the Corporate Sustainability Due Diligence Directive.

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.

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.

Pay slips may only be provided online

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) has commissioned a special study on the issue of father-friendliness in mechanical and plant engineering as part of the "Success Factor Family" corporate program.

Assistance from the VDMA legal department on dismissals for operational reasons

On January 30, 2025, the Bundestag passed amendments to maternity protection in the event of miscarriages (printed matter 20/14231). The changes will come into force on June 1, 2025.

In the event of an increasing lack of orders and a lack of capacity utilization, the instrument of short-time work combined with short-time work compensation is an option for companies and employees.

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.