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Heuking Kühn Lüer Wojtek

 

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European Whistleblowing Directive will be Effective as of April 2019
Heuking Kühn Lüer Wojtek, April 2019

At European and national level, discussions have been going on for years on how best to protect the so-called whistleblowers from being victims of retaliation measures by those whose actions they have uncovered. Whistleblowers are persons who, as "insiders" (such as employees) disclose dubious practices of the institutions they serve. Here we think first and foremost of persons such as Edward Snowden, whose disclosures were directed against state measures...

Event Photography in Times of the General Data Protection Regulation
Heuking Kühn Lüer Wojtek, August 2018

Photography by promoters and artists is an integral part of any kind of event. Since the General Data Protection Regulation (GDPR) came into effect, the legal requirements for videos and photos depicting people however have to be reassessed. In the past, most member states of the European Union had their own regulations regarding photos that show individual persons...

Exclusion of Fixed-Term Employees from a Remuneration Supplementation Violates EU Law
Heuking Kühn Lüer Wojtek, September 2019

The prohibition of discrimination against fixed-term employees has already been the subject of a large number of decisions by both the ECJ and the BAG [German Federal Labor Court]. According to these decisions, fixed-term workers may not receive poorer terms of employment compared to comparable permanent employees simply because of their fixed-term employment status. Rather, such would require substantive justification...

Facebook - Bundeskartellamt [German Federal Cartel Office] Prohibits the Processing of User Data from Third Party Sources
Heuking Kühn Lüer Wojtek, February 2019

In its decision from February 7, 2019, the Bundeskartellamt prohibited Facebook from the further processing of user data which it has generated from so-called third party sources. In order to make use of these personal data in future, Facebook will need the consent of the data subject as defined by the General Data Protection Regulation (GDPR). It remains to be seen whether this will be granted by the majority of users. 1...

Facebook May be Required to Seek and Erase Illegal Content Worldwide
Heuking Kühn Lüer Wojtek, October 2019

The Court of Justice of the European Union (ECJ) has ruled, upon submission by the Austrian Supreme Court (Oberster Gerichtshof, OGH), with the decision of 3 October 2019 (Case C-18/18), that hosting providers, in this case Facebook, may be required by a court to seek and erase content which is identical or, under certain circumstances, equivalent to information previously found to be unlawful...

First Fines Issued by Supervisory Authorities for Infringements Against the GDPR
Heuking Kühn Lüer Wojtek, February 2019

The General Data Protection Regulation (GDPR) provides for a significant increase of the maximum possible fine for legal infringements compared to previous data protection legislation. Fines of up to 20 million euros or 4 percent of the worldwide annual turnover, whichever is higher, can be imposed (Art. 83 para. 5 GDPR). Yet, the first few months after the introduction of the GDPR in May 2018 were uneventful in this regard. That is now changing, however...

Forfeiture of Vacation Entitlements - Part II
Heuking Kühn Lüer Wojtek, July 2019

In our newsletter article of March 2019, which was only based on press release No. 9/19 of the BAG [German Federal Labor Court] regarding the judgment of Feb. 19, 2019 - 9 AZR 541/15, we addressed the new case law of the BAG for informing the employer about existing vacation entitlements. In a similar case (also judgment of Feb...

Four Months of GDPR - A Brief Interim Assessment
Heuking Kühn Lüer Wojtek, October 2018

It is now more than four months since the EU General Data Protection Regulation (GDPR) became law in all member states of the European Union. Time for an initial and brief interim assessment, and to outline the data protection challenges currently facing companies. Feared spamigation has not materialized To date, the widely feared mass sending of cease-and-desist letters (spamigation) has largely failed to materialize...

From Practice of China’s Merger Control: Wal-Mart, e-Commerce, Value-added Telecommunication Services and VIE
Heuking Kühn Lüer Wojtek, August 2012

Since 2010, foreign investors are allowed to sell their own goods and products through direct online distribution in China, while direct online distribution of goods of third parties is still subject to approval. Other value-added telecommunications services ("VATS") are still limited to foreign investment and subject to approval...

GDPR Non-Compliance May Adversely Affect the Outcome of the Annual Financial Statement Audit
Heuking Kühn Lüer Wojtek, November 2018

When auditing annual financial statements, auditors are required to draw attention to risks that potentially threaten the company. Such risks can result for example from failure to implement the EU General Data Protection Regulation (GDPR) that has been in force since May 25, 2018. Given the substantial fines envisaged in the GDPR, these risks can result in high provisions, in the worst case in refusal on the part of the auditor to issue an unqualified audit opinion...

German Bundestag Adopts New Law for the Protection of Trade Secrets
Heuking Kühn Lüer Wojtek, March 2019

Companies will need to take appropriate steps in the future to protect their secrets. The new law on the protection of trade secrets places greater demands on the sensitivity of secrets to this extent. Whistleblowers can also reveal trade secrets with impunity - one more reason to set up a whistleblower hotline. Reverse engineering will be a permissible way of acquiring a trade secret in the future...

German Competition Law After the 7th Amendment to the German Act Against Restraints of Competition – An Overview
Heuking Kühn Lüer Wojtek, November 2005

Summary: On 1 July 2005, the 7th amendment to the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – “GWB”) entered into force. It implies major changes in German competition law. The objective of the amendment is to harmonize German with European competition law. In principle, cases having only a national scope will now be judged by similar provisions as cases that have a European dimension...

German District Court Challenges the Effectiveness of Notarizations of SPAs by Swiss Notaries – Change of Established Court Practice?
Heuking Kühn Lüer Wojtek, March 2010

by Dr. Martin Imhof    The District Court of Frankfurt has recently issued a crucial decision in which the court casted reasonable doubt on the effectiveness of the notarization of an assignment or a pledging of shares in a German limited liability company (GmbH) by a Swiss notary...

German Federal Cabinet: New liability regime for interrupted or delayed grid connection of offshore wind farms
Heuking Kühn Lüer Wojtek, September 2012

On August 29, 2012 the German Federal Cabinet (Bundes­kabinett) has passed a draft “Third Bill regarding new Energy Law Regulations” (Drittes Gesetz zur Neu­regelung energierechtlicher Vorschriften). Such draft bill shall accelerate the further development of German offshore wind energy...

German Supervisory Authorities Publish a "Must List" for Data Protection Impact Assessment
Heuking Kühn Lüer Wojtek, August 2018

Article 35 GDPR requires companies to carry out a so-called data protection impact assessment if based on the nature, scope, context and purposes of the processing, the processing is likely to result in a high risk to the rights and freedoms of natural persons, Art. 35 (1) Sentence 1 GDPR. The company must then document the processing procedure, identify the risks to the rights and freedoms of the natural persons, and explain what remedial measures the company is taking...

Germany Establishes New Provisions On Executive Compensation
Heuking Kühn Lüer Wojtek, October 2009

1.       Introduction As a reaction to the financial market crisis and the too-high incentives politicians have identified in the area of manager's compensation, the German government has enacted the Law on Equitableness in Executive Compensation (German: Gesetz zur Angemessenheit der Vorstandsvergütung,  abbr: VorstAG)...

How the Impending Brexit Impacts the Legal Framework of Doing Business with the UK - the German Perspective
Heuking Kühn Lüer Wojtek, July 2016

Brexit – what does it involve and when could it happen? In a referendum, held in the United Kingdom on June 23, 2016, a majority of voters decided in favor of the United Kingdom of Great Britain and Northern Ireland (UK) leaving the European Union (EU) (this exit from the EU by the UK is the so-called Brexit). The referendum is not binding...

In the Eye of the Cyclone: EnerDry's Patent of Steam Drying Successfully Enforced
Heuking Kühn Lüer Wojtek, April 2017

  EnerDry holds numerous patents based on inventions by its founder and CEO Arne Sloth Jensen, including European Patent EP 1 070 223 B1. This patent relates to steam dryers with a specific type of cyclone, which substantially improves the capacity and efficiency of steam dryers...

Insolvency Law Rank of a Severance Payment Claim pursuant to Sec. 9, 10 KSchG
Heuking Kühn Lüer Wojtek, July 2019

BAG, judgment of Mar. 14, 2019 – 6 AZR 4/18 A severance payment awarded by dissolution proceedings may either be an insolvency claim or insolvency asset liability. The time the dissolution petition was made is decisive. FACTS OF THE CASE The employer (later insolvency debtor) terminated the employment of the plaintiff before the opening of insolvency proceedings...

International Arbitration in China: Beijing or Hong Kong?
Heuking Kühn Lüer Wojtek, October 2012

China International Economic and Trade Arbitration Commission (CIETAC), the largest arbitration commission in China, recently surprised the international arbitration community by prohibiting its two sub-commissions in Shanghai and Shenzhen to accept any further arbitration applications or otherwise to act in the name of CIETAC, just shortly after the new CIETAC Arbitration Rules have entered into effect on 1. May 2012...

International Football Player Transfers: A Manager's Perspective
Heuking Kühn Lüer Wojtek, May 2013

 1.     OverviewIn accordance with theWorld Football Association’s, FIFA’s requirements, (consistent) time periodsfor the transfer of players have been established within the Union of EuropeanFootball Associations (UEFA). These time periods exist to ensure that the transferwindows of individual Football Associations coincide with each other and inturn to guarantee equal opportunities for each individual club...

International Scope of the GDPR
Heuking Kühn Lüer Wojtek, November 2018

The large number of vague terms as well as provisions requiring interpretation in the GDPR create significant application issues for companies. However, it becomes even more of a challenge if companies not established in the EU want to review whether the GDPR is applicable to them. Generally speaking, the European legislator set themselves the goal of creating the most extensive territorial scope of the GDPR possible...

Joint Controllers - Supervisory authorities publish first sample agreement
Heuking Kühn Lüer Wojtek, June 2019

The topic of “joint controllers” according to Art. 26 GDPR continues to gain momentum. The State Commissioner for Data Protection and Freedom of Information in Baden-Württemberg (LfDI) has now, for the first time, published a sample of an agreement for joint controllers under Art. 26(1) s. 2 GDPR as well as a sample relating to the fulfillment of obligations to inform the data subjects pursuant to Art. 26(2) s. 2 GDPR...

Joint Controllership in the Integration of Third-Party Website Plug-Ins - Concluding Opinion of the Advocate General to the ECJ on The "Facebook Like" Button
Heuking Kühn Lüer Wojtek, January 2019

The Court of Justice of the European Union (ECJ) must currently clarify whether and how website operators can legally integrate the so-called "Like" button of Facebook on their website (Case C-40/17). A German online retailer had integrated the "Facebook Like" button into their online shop. Due to the functionality of the "Facebook Like" button, personal information was transmitted to Facebook Ireland each time the website was visited, including the IP address...

Late Bloomer E-Privacy Regulation: EU Consensus Not Yet in Sight
Heuking Kühn Lüer Wojtek, December 2018

The ePrivacy Regulation was actually supposed to enter into force on May 25, 2018 jointly with the EU General Data Protection Regulation. Now it is expected to go into effect in 2019 at the earliest. It has new provisions in store, particularly for online marketing. The ePrivacy Regulation is intended to replace the current European ePrivacy Directive (2002/58/EC) and the Cookie Directive (2009/136/EC)...

 

 

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