log in
Submit an Article | Back

Member Articles

Sort By Title  |  Sort By Date

First Draft Bill Implementing EU Directive 2019/1023 on Preventive Restructuring Frameworks and Improving the Instruments Introduced by ESUG in 2012, with a Focus on Self-Administration
Heuking Kühn Lüer Wojtek, September 2020

BUSINESS STABILIZATION AND RESTRUCTURING ACT (STARUG) On 18 September 2020, the German Federal Department of Justice published a first draft bill for the implementation of the EU Directive 2019/1023 on preventive restructuring frameworks of 20 June 2019 (the „Draft Bill“)...

Following the European Court of Justice Judgement Regarding the Privacy Shield - Data Protection Authority Publishes Recommended Actions for Practice
Heuking Kühn Lüer Wojtek, September 2020

In July 2020, the European Court of Justice (C-311/18, "Schrems II") declared the EU-US Privacy Shield as invalid as the legal basis for the transfer of personal data to the USA and increased the requirements on the EU standard contractual clauses...

The Term Company in the Context of Collective Redundancies
Heuking Kühn Lüer Wojtek, August 2020

BAG dated February 13, 2020 - 6 AZR 146/19 ("Air Berlin") In the context of collective redundancies, the term "company" is a legal term under European Union (EU) law and, with regard to the responsible employment agency, it focus particularly on the local effects of the intended dismissals. In the EU legal system, the term "company" is to be interpreted autonomously, uniformly and detached from the national understanding of the term...

No Obligation for the Employer to use the German Language
Heuking Kühn Lüer Wojtek, August 2020

Regional Court of Nuremberg, decision of June 18, 2020 - 1 TaBV 33/19 The Regional Labor Court (Landesarbeitsgericht - LAG) of Nuremberg had to rule on a motion by a works council, in which the latter demanded that the discussions held with it be conducted only in German. At the same time, it demanded that all communication between the branch management and the employees be conducted in German. The Regional Court rejected both motions of the works council...

The New White Paper - EU Combats Distortions of Competition by Third States
Heuking Kühn Lüer Wojtek, August 2020

In June, the European Commission has published the "White Paper on levelling the playing field as regards foreign subsidies". For the first time that the European Commission has brought together State aid and investment control as well as trade defence instruments. Companies coming from third countries can expect costly and lengthy examination procedures in M&A transactions, but also new hurdles for other activities in the internal market...

Entitlement of the Employee to Postpone the Already Approved Holiday in Corona Times
Heuking Kühn Lüer Wojtek, August 2020

The summer holidays have already begun in most of the federal states or are about to begin. Due to the Corona pandemic, most holiday plans could not be realized during the Easter holidays. Although the travel warnings for most countries in the EU were lifted in time for the summer holidays, it is still not possible to enjoy "normal" holidays this year...

New Hires Despite Short-Time Work?
Heuking Kühn Lüer Wojtek, August 2020

Due to the Corona pandemic and the associated economic effects, numerous companies were forced to announce short-time work over the past few months. This raises the question for employers to what extent it is still possible to hire during short-time work and what effects this has on short-time working compensation. NEW HIRES DURING SHORT-TIME WORK First of all, a distinction must be made between new hires before and after the introduction of short-time work...

Support for Computer Games through de minimis Aid
Heuking Kühn Lüer Wojtek, August 2020

The Federal Ministry of Transport and Digital Infrastructure (BMVI) is providing EUR 50 million annually until 2023 to promote computer games in order to strengthen Germany as a location for developers. In the first phase,de minimis funding will be provided with grants of up to EUR 200,000. In a second phase larger-scale funding will also be possible...

Returning from Home Office - What Employers Have to Consider
Heuking Kühn Lüer Wojtek, August 2020

When the corona pandemic broke out, many employers allowed their employees to work in home office or even forced them to do so. In the meantime, many uncertainties have been clarified and the desire for normality is increasing among both employers and employees. Therefore, in the following, we will describe what employers must take into account when employees return from home office. 1...

EU Recovery Prospectus – Planned Facilitation of the Equity Issuance Through an Abridged Securities Prospectus
Heuking Kühn Lüer Wojtek, August 2020

In order to tackle the effects of the Corona crisis, it is planned at EU level to temporarily facilitate the raising of equity capital for companies. This will enable certain issuers to publish a shortened prospectus with only 30 pages instead of a full prospectus to issue shares. Through this, issuers will have the option to issue shares at short notice, without bureaucracy and inexpensively, thereby improving the debt-to-equity ratio in their balance sheets...

Solution to the Cookie Chaos? - Planned Overhaul of Data Protection Regulations in the Telemedia and Telekommunikations Sector
Heuking Kühn Lüer Wojtek, August 2020

In July, the German Federal Ministry for Economic Affairs and Energy (BMWi) compiled a draft law on data protection and the protection of privacy in the context of electronic communication and telemedia (the “Telecommunications and Telemedia Data Protection Act” [Telekommunikations-Telemedien-Datenschutz-Gesetz],“TTDSG”) – which has not yet been officially published...

No Entitlement to Continued Remuneration in Quarantine After Holiday in a Risk Area
Heuking Kühn Lüer Wojtek, August 2020

Summertime is holiday time. Although the worldwide travel warning issued by the Federal Foreign Office for some European countries was lifted on 15 June 2020, currently (as of 17 July 2020, 5:30 p.m.) 130 countries are still classified as risk areas. These include Turkey and the USA, which are popular destinations for German holidaymakers...

Use of the Corona Waning App in Companies
Heuking Kühn Lüer Wojtek, August 2020

The Corona Warning App, commissioned by the German Federal Government, has been available for download since June 16, 2020. The availability of the app raises numerous employment-law issues...

EU Recovery Prospectus - Planned Facilitation of the Equity Issuance through an Abridged Securities Prospectus
Heuking Kühn Lüer Wojtek, August 2020

In order to tackle the effects of the Corona crisis, it is planned at EU level to temporarily facilitate the raising of equity capital for companies. This will enable certain issuers to publish a shortened prospectus with only 30 pages instead of a full prospectus to issue shares. Through this, issuers will have the option to issue shares at short notice, without bureaucracy and inexpensively, thereby improving the debt-to-equity ratio in their balance sheets...

Data Processing Errors in Prize Draws by AOK Baden-Württemberg Results in Seven-Figure Fine
Heuking Kühn Lüer Wojtek, July 2020

The Baden-Württemberg Commissioner for Data Protection and Freedom of Information (LfDI) has imposed a fine of €1,240,000 on the AOK Baden-Württemberg health insurance provider. The reason? Data processing errors related to prize draws it ran: the health insurance provider had not obtained the valid consent for data processing of prize draw entrants in 500 cases. An internal whistleblower notified the LfDI about the breach...

ECJ Throws Out Privacy Shield Agreement but Confirms Standard Contractual Clauses
Heuking Kühn Lüer Wojtek, July 2020

Today (16 July 2020), the ECJ handed down its long-awaited judgment on the validity of Standard Contractual Clauses in international data transfers (ECJ, judgment of 16 July 2020, case C-311/18). In a surprise move the Court of Justice declared the EU Commission's adequacy decision on the Privacy Shield - the agreement that allows data transfers to certain companies in the USA - to be invalid. On the other hand it confirmed the validity of the Standard Contractual Clauses...

Berlin Data Protection Authority Criticizes Commissioned Data Processing Aspects of Microsoft Office 365
Heuking Kühn Lüer Wojtek, July 2020

On July 3, 2020, Berlin’s commissioner for data protection and freedom of information published Advice on providers of videoconferencing services. This advice looked closely at the contractual terms and conditions of the providers Cisco, Google, Zoom, and Microsoft...

EU Commission Approves Economic Stabilization Fund for Liquidity and Capital Support for the Real Economy
Heuking Kühn Lüer Wojtek, July 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 theEconomic Stabilization Fund(“ESF”) as a special fund to stabilize the real economy in times of the COVID-19 pandemic. The ESF is intended to support German companies in the real economy suffering from the consequences of the COVID-19 pandemic by providing liquidity and capital support...

Public Financial Aid for Start-Ups in the Corona Crisis
Heuking Kühn Lüer Wojtek, July 2020

The German government launched an aid program to support start-ups and young growth companies in the corona crisis aimed at providing start-ups with liquidity quickly. One of the pillars of this program is the Corona Matching Facility (CMF), where KfW Capital and the European Investment Fund (EIF) are “matching” investments of private venture capital funds (VC funds). The aid is therefore linked to the investments of VC funds...

Does E-Mail Communication Need to be Encrypted?
Heuking Kühn Lüer Wojtek, July 2020

Setting the right standard to ensure compliance with the technical and organizational safeguards for data security required under Art. 32 GDPR is a challenge for many companies when it comes to electronic communications – not least e-mail. The German Conference of Independent German Federal and State Data Protection Supervisory Authorities (DSK) has issued guidance on the topic. The guidance represents a majority resolution of the German states, with Bavaria dissenting...

Two-Stage Exclusion Clause - Transparency Requirement
Heuking Kühn Lüer Wojtek, June 2020

BAG dated December 3, 2019, 9 AZR 44/19 In this ruling, the German Federal Labour Court (Bundesarbeitsgericht – BAG) once again specifies the requirements for limitation periods in employment contracts according to the laws of general terms and conditions...

Extraordinary Termination of a Severely Disabled Person by the Employer
Heuking Kühn Lüer Wojtek, June 2020

As a rule, an extraordinary notice of termination can be given to a severely disabled employee within one week of receiving the approval of the Integration Office. BAG, ruling dated February 27, 2020, 2 AZR 390/19 Employers may give an extraordinary and immediate notice of termination to a severely disabled employee even after the expiry of the two-week period applicable to extraordinary termination if the notice of termination is given immediately, i.e...

Arrival and Departure Times are also "Working Hours" - Federal Labor Court Strengthens Rights of Field Statt
Heuking Kühn Lüer Wojtek, June 2020

BAG, ruling dated 18 March 2020, 5 AZR 36/19 FACTS OF THE CASE The plaintiff is employed as a service technician in the field service. The defendant company is bound by the collective bargaining agreements of the wholesale and foreign trade of Lower Saxony due to its membership in the employers' association. The plaintiff drives from his home to the first customer every working day and returns there from the last customer...

Dismissals During Short-Time Work
Heuking Kühn Lüer Wojtek, June 2020

In the course of the Corona crisis, a large number of companies have introduced short-time work. Funded by statutory unemployment insurance, short-time work is an instrument of labour market policy and pursues the aim of preserving jobs. This does not mean, however, that dismissals during a period of short-time work are legally excluded. In particular, dismissals based on personal grounds and conduct that are not related to short-time work remain possible...

Use of the Corona-Warn-App in the Workplace
Heuking Kühn Lüer Wojtek, June 2020

On June 16, 2020 the German government released its Corona-Warn-App. There are some key points employers should be aware of concerning the app: NO OBLIGATION FOR EMPLOYEES TO USE THE APP ON THEIR PERSONAL SMARTPHONES An employer may be thinking about instructing its employees to install and use the Corona-Warn-App on their own devices to reduce the infection risk among its employees. That is not permitted...

 

 

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