log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Heuking Kühn Lüer Wojtek

Sort By Title  |  Sort By Date

Data Protection and the Works Council
Heuking Kühn Lüer Wojtek, September 2018

The General Data Protection Regulation (GDPR) also affects the working relationship between the employer and the works council. Among other things, it affects the use of works agreements as legal basis, the (possible) responsibility of the works council under data protection law, as well as the controlling authority of the company data protection officer over the works council. WORKS AGREEMENT AS INFORMATION PURSUANT TO ART...

Data Protection in the Application Process
Heuking Kühn Lüer Wojtek, January 2019

Under its Article 88(1), the GDPR allows Member States to draw up their own rules for the area of employee data protection. Germany has taken advantage of this option with Section 26 of the Federal Data Protection Act (BDSG). The first sentence of Section 26(1) already applies while the decision to establish an employment relationship is made and hence it needs to be taken into account early in the application process...

Data Protection in The Era of the Coronavirus
Heuking Kühn Lüer Wojtek, March 2020

According to press reports, most Germans are willing to accept limitations on the extent of the protection of their personal data vis-à-vis public authorities and agencies in order to tackle the coronavirus crisis. However, that alone is not an adequate justification for measures that employers may take during a coronavirus pandemic to prevent an outbreak in their company...

Data Protection in the Social Field
Heuking Kühn Lüer Wojtek, November 2017

  The forthcoming General Data Protection Regulation also results in adaptations with regard to the protection of social data. On May 25, 2018, an amended Code of Social Law will therefore come into effect simultaneously with the General Data Protection Regulation. Above all, the Code of Social Law (SGB) X is affected. Many of the adaptations are editorial changes that have become necessary, but the content has also been amended...

Directive on Transparent and Predictable Working Conditions in the European Union
Heuking Kühn Lüer Wojtek, June 2019

(2017/0355 (COD)) On 16 April 2019, the European Parliament adopted a new Directive aimed at ensuring transparent and reliable working conditions for employees in the area of crowdworking. On 13 June 2019, the Council of Ministers also adopted the Directive. In the following the main content of the new Directive...

Dispute Resolution before State Courts and Arbitral Tribunals in Times of the COVID-19 Pandemic
Heuking Kühn Lüer Wojtek, April 2020

The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met...

Does Privacy Shield Safeguard an Adequate Level of Data Protection?
Heuking Kühn Lüer Wojtek, March 2016

On February 29, 2016, the European Commission issued a draft of the so-called Adequacy-Decision for the new agreement between the European Union and the USA called EU-US Privacy Shield to facilitate data transfers between the European Union and the USA. It is doubtful whether the Privacy Shield will be a reliable basis for a simplified transfer of personal data...

Draft Bill on IT Security Law 2.0
Heuking Kühn Lüer Wojtek, July 2019

There has been intense work on the IT security law 2.0 since the “German doxing case" of late 2018/early 2019 when large volumes of data of German celebrities and politicians were published. This bill will significantly extend the importance and the competences of the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik (“BSI”) in information technology...

Drafting Contractual Force Majeure And Corona Clauses for the Post-Pandemic Period
Heuking Kühn Lüer Wojtek, May 2020

The COVID-19 pandemic distinctly reminds us that during their term, contracts may be exposed to influences beyond the parties’ control, which may unforeseeably complicate their performance or make it impossible. Examples include civil wars, natural disasters, terrorist attacks, or pirate attacks on cargo ships...

Effects of a No-Deal Brexit for UK Employees in Germany
Heuking Kühn Lüer Wojtek, September 2019

After Brexit has already been postponed several times, the next deadline will now expire on October 31, 2019. With the new Prime Minister at the helm, it is becoming more likely every day that the UK will leave the EU without a withdrawal agreement entering into force. Obviously, UK citizens who live and work in Germany are particularly affected. The same also applies to employers in Germany employing UK citizens...

Effects of the Coronavirus on the Right of Residence
Heuking Kühn Lüer Wojtek, April 2020

The COVID-19 virus has a worldwide impact on travel activities, affecting foreigners such as employees of companies intending to travel to Germany as well as those who are already in Germany but are now effectively unable to leave. 1. RESTRICTIONS ON ENTRY AND VISA ISSUANCE The countries of the Schengen area have decided to impose entry restrictions on all non-essential travel from third countries...

Effects of the COVID-19 Pandemic on Contractual Relations
Heuking Kühn Lüer Wojtek, March 2020

For all parties, the question arises at present as to what effects COVID-19 will have on existing contractual relationships – specifically, who will bear the economic burden of the pandemic. In the following is a brief overview: 1...

Effects on Existing Corporate Loan Agreements Under German Law
Heuking Kühn Lüer Wojtek, March 2020

Already, the COVID-19 pandemic has had far-reaching effects on the global economy and particularly on the German economy as well: interrupted international supply chains, travel restrictions, or the cancelation of major events and trade shows – all of this poses considerable challenges for the manufacturing, trade, transportation, tourism, and event organizer sectors in Germany...

Employee's Right of Information and Disclosure of their Recorded Personal Information
Heuking Kühn Lüer Wojtek, June 2019

State Labor Court (Landesarbeitsgericht; LAG) Baden-Württemberg dated December 20, 2018 - 17 Sa 11/18 Pursuant to Art. 15(1) GDPR, the employee may request information and a copy of the personal information which the employer has recorded of him/her. A general refusal by the employer to provide information or hand over the information due to justified third-party interests is not sufficient, but must be adequately explained by the employer...

Employers are Not Obligated to Notify Employees of Expiring Vacation Entitlements during Long-Term Illnesses
Heuking Kühn Lüer Wojtek, September 2019

In its July 24, 2019 judgment (Case: 5 Sa 676/19), Hamm State Labor Court issued a ruling as to whether employers are obligated to also notify employees who are out of work due to long-term illnesses that their vacation entitlement will expire by December 31 of the calendar year or by March 31 of the subsequent year if those employees fail to take their vacation days. The court denied this on convincing grounds. The final verdict, however, will come from the Federal Labor Court...

Employers Must Also Draw Attention to Claims for Remaining Vacation Days from Previous Calendar Years
Heuking Kühn Lüer Wojtek, June 2019

German State Labor Court (Landesarbeitsgericht; LAG) of Cologne, decision dated April 9, 2019 – 4 Sa 242/18 In their decision dated April 9, 2019 (4 Sa 242/18), the Cologne LAG implemented the requirements of a high-profile decision by the European Court of Justice (ECJ) made in November 2018 according to which a directive-compliant interpretation of Sec...

Employment: Law & Practice
Heuking Kühn Lüer Wojtek, October 2019

1. TERMS OF EMPLOYMENT 1.1 STATUS OF EMPLOYEE In Germany, an employee (Arbeitnehmer) enjoys a special status that is described as the personal obligation to perform work upon the employer’s instructions, without entrepreneurial risks and in a situation of economic dependence (to a certain degree) on the employer...

Employment: Trends & Developments
Heuking Kühn Lüer Wojtek, October 2019

The labour and employment sector has once again seen many changes – both in terms of the initiatives of the legislator as well as changes in the way the sector works. One important change has been the implementation of the Law on Protection of Business Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen – GeschGehG). The economic relevance of business secrets is very high...

Enhanced Vacation Entitlement on Grounds of Age Violates the Prohibition of Discrimination of the AGG
Heuking Kühn Lüer Wojtek, July 2019

Federal Labor Court (BAG), judgment of Dec. 11, 2018 – 9 AZR 161/18 An enhanced vacation entitlement on grounds of age where employees who have not yet reached the age of 50 are granted at least three days less vacation than older employees violates the prohibition of discrimination of Sec. 7(1) in conjunction with Sec. 1 AGG...

ESMA Has Lowered the Initial Reporting Threshold For Net-Short Positions To 0.1 Per Cent
Heuking Kühn Lüer Wojtek, March 2020

ESMA DECISION The European Securities and Markets Authority („ESMA“) announced today the decision to lower the initial reporting threshold for net short positions under the EU Short Selling Regulation to 0.1 percent (the „ESMA Decision“). The ESMA Decision has entered into force immediately after its publication on ESMA’s website. INITIAL REPORTING THRESHOLD NOW 0.1 PERCENT (PRIOR: 0...

Establishing an Economic Stabilization Fund for the Real Economy
Heuking Kühn Lüer Wojtek, May 2020

By adopting the Act on the Establishment of the Economic Stabilization Fund of March 27, 2020, the German Parliament and the Federal Council established the Economic Stabilization Fund (“ESF”) as a special fund to stabilize the real economy in times of the COVID-19 pandemic...

EU Has Agreed on Terms of General Data Protection Regulation
Heuking Kühn Lüer Wojtek, March 2016

On 15.12.2015 EU Commission, Council and Parliament agreed on the final terms of the General Data Protection Regulation (GDPR) in their trialogue negotiations. It is generally expected that the draft will be adopted soon, in any event not later than summer 2016. This ends the uncertainty about the content of the new European Data Protection law which will be directly applicable in all Member States two years after the adoption by Commission, Council and Parliament...

EU State Aid Rules and The National Courts: An Opportunity for German Litigators
Heuking Kühn Lüer Wojtek, December 2018

These days more and more use is being made of the Treaty rules on State aid. The European Commission is using the State aid rules in an innovative way to take over competence from the Member States in tax regulation by challenging the selectivity of national measures or rulings, which give preferable treatment to certain taxpayers...

European Commission Publishes Guidance on Public Procurement Law
Heuking Kühn Lüer Wojtek, April 2020

On April 1, 2020, the European Commission published a “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis” (Official Journal of the European Union, 2020/C 108 I/01). In particular, the Commission explains various options for awarding public contracts as quickly as possible within the European public procurement framework, which remains unchanged in this respect...

European Court of Justice (ECJ): Member States Must Require Employers to Systematically Record Working Hours
Heuking Kühn Lüer Wojtek, June 2019

FACTS OF THE CASE Spanish working time law only requires that employers systematically measure their employees’ working hours in case of overtime...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020