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Federal Court of Justice on the Scope of the Right to Access Pursuant to Article 15(1) GDPR
Heuking Kühn Lüer Wojtek, August 2021

Background In its ruling of June 15, 2021 (Case No. VI ZR 576/19), the German Federal Court of Justice (BGH) for the first time took a comprehensive position on the scope of the right to access pursuant to Article 15(1) GDPR. Article 15 GDPR standardizes the right of access of a data subject vis-à-vis a controller...

Cross-State Review of Websites and Use of Cookies by German Supervisory Authorities
Heuking Kühn Lüer Wojtek, July 2021

In the summer/autumn of 2020, the supervisory authorities of several German states examined the websites of various media companies, particularly with a view to the use of cookies and the tracking of users for advertising purposes...

EU Data Protection Officer Initiates Proceedings against Institutions of the European Union for using Amazon AWS and Microsoft Office 365
Heuking Kühn Lüer Wojtek, June 2021

Since the European Court of Justice declared the EU-US Privacy Shield as an invalid legal basis for the transfer of personal data to the US, stipulating increased requirements for the use of the EU standard contractual clauses in July 2020 (C-311/18, 'Schrems II'), uncertainty has been rife within many companies: a legally compliant data transfer to the USA on the basis of the Privacy Shield is no longer possible and the new EU standard contractual clauses announced in November 202

Landmark Changes to German Restructuring Law: New Law on Preventive Restructuring Framework (StaRUG) Allows Preinsolvency Balance Sheet Restructuring
Heuking Kühn Lüer Wojtek, February 2021

As of 1 January 2021, a new German law (known by its abbreviation StaRUG) affords debtors with COMI in Germany with a statutory regime for a non-consensual pre-insolvency balance sheet restructuring...

German Cyber Security Act 2.0: Federal Cabinet Presents New Draft
Heuking Kühn Lüer Wojtek, February 2021

On January 25, 2021, the German federal Cabinet introduced the draft for the new Cyber Security Act (“IT Security Act 2.0”) into the legislative process ( Draft of a Second Act to Increase the Security of Information Technology Systems, printed matter 19/26106 [draft of a second law to increase the security of information technology systems, document 19/26106] ). The new German Cyber Security Act is intended to replace the old German Cyber Security Act of July 2015...

Update on the Legal Situation for Data Transfer to Third Countries (the US and China in Particular)
Heuking Kühn Lüer Wojtek, February 2021

When it comes to the general transfer of data to third countries, even, for example, intra-group data transfers, recourse to US providers such as Microsoft (Office 365), Amazon (AWS), Google or Salesforce has been ill-fated since the ECJ ruling of July 16, 2020 (C-311/18 “Schrems II”)...

Corona Test in Employment
Heuking Kühn Lüer Wojtek, January 2021

Imagine you instruct an employee to get tested for the Covid-19 virus infection. The employee refuses the test, claiming that the employer is not authorized to instruct him to take such a test. Moreover, the employee claims he had been vaccinated against Covid-19. What is the legal situation? 1...

No Short-Time Work without Effective Agreement
Heuking Kühn Lüer Wojtek, January 2021

Labor Court Siegburg 11/11/2020 - 4 Ca 1240/20 Short-time work continues to be omnipresent in many sectors of the economy due to the Covid 19 pandemic. A recent decision by the Labor Court Siegburg once again emphasizes that the ordering and implementation of short-time work requires careful preparation on the part of the company in terms of labor law in order to avoid unpleasant surprises...

Sars-CoV-2 Occupational Health and Safety Regulation - Right to Working from Home?
Heuking Kühn Lüer Wojtek, January 2021

In the fight against the further spread of the Corona virus, the federal government issued the so-called Corona Occupational Health and Safety Ordinance on January 21, 2021, which has come into force on January 27, 2021, and remains effective until March 15, 2021...

Brexit and the Need for a UK Representative
Heuking Kühn Lüer Wojtek, December 2020

The Brexit transition agreement, which governs the relationship between the European Union and the United Kingdom in 2020, including arrangements relating to data protection, ends on December 31, 2020. Without an agreement, the UK becomes a third country The European Union and the United Kingdom are still in intensive negotiations over how they will shape future trade relations, and it is so far unclear whether they will arrive at a follow-up agreement...

German Insolvency Law: From 1 January 2021 New Law (SanInsFoG) Temporarily Exempts Businesses Distressed by COVID-19 from Regular Insolvency Regime
Heuking Kühn Lüer Wojtek, December 2020

From 1 January 2021, debtors insolvent due to COVID-19 pandemic will benefit from suspension of duty to file for insolvency until 31 January 2021 for companies expecting COVID-19 financial assistance related to November and December 2020 lock-down easier access to protective shield proceedings and self-administration proceedings, shorter prognosis period for over-indebtedness test (four months instead of twelve) SanInsFoG becomes effective 1 January 2020 The Act for the Further

Federal Funding for Computer Games 2nd Phase
Heuking Kühn Lüer Wojtek, December 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 now launched second phase, large-volume projects are being funded...

Decision Practice of the EU Commission in the Second Half of 2020
Heuking Kühn Lüer Wojtek, December 2020

Despite the numerous decisions on state aid to mitigate the effects of the COVID 19 pandemic under the Temporary Framework, the Commission has also taken decisions outside this topic. The following decisions concern broadband vouchers for Italian households, the rollout of a gigabit network infrastructure in Germany and aid for charging infrastructure for electric vehicles in Schleswig-Holstein. Finally, some news on consultations and revisions to state aid rules are presented below...

Overview of European Court Cases in the Second Half of 2020
Heuking Kühn Lüer Wojtek, December 2020

In recent months, the European courts have again decided numerous state aid cases. The following decisions deal with the criteria for determining a secondary activity required for a SGEI, the classification of an enterprise as an SME in case of control by public authorities, the point of time when de minimis aid is granted as well as the prerequisites for funds being considered as state resources...

Foreign Investment Control Becoming Key Factor in M&A Deals – German Government Decides to Block Acquisition of German Tech Company
Heuking Kühn Lüer Wojtek, December 2020

The German government has decided to block the proposed acquisition of IMST GmbH, a German company active in satellite and radar technology, by China Aerospace Science and Industry Corporation (CASIC). Foreign investment control regulations have been tightened by various amendments in 2020...

EU Recovery Prospectus - Current Status of the Legislative Process
Heuking Kühn Lüer Wojtek, December 2020

With our Update on Capital Market Law No. 037 of July 31, 2020 , we had already reported that the European legislator is planning on temporarily making it easier for companies to raise equity capital in order to overcome the effects of the Corona crisis...

European Commission Publishes Updated Standard Contractual Clauses
Heuking Kühn Lüer Wojtek, December 2020

On November 12, 2020, just one day after the European Data Protection Board (“EDPB”) published its recommendations on additional measures for data transfers to third countries (Recommendation 01/2020), the European Commission published a draft of the long-awaited updated Standard Contractual Clauses (“SCCs”). Under Art. 46 GDPR, these can serve as the basis for data transfers to third countries without an adequacy decision...

Hamburg Regional Labour Court, Resolution dated July 16, 2020 - 8 TaBV 8/19
Heuking Kühn Lüer Wojtek, November 2020

Following a decision of the Hamburg Regional Labour Court, the works council has an enforceable right of co-determination with the definition of staffing ratios – in accordance with § 87 exp. 1 No. 7 BetrVG. The co-determination right aims at avoiding an otherwise health-endangering overloading of the personnel...

Extraordinary Termination without Notice due to Deletion of a Considerable Amount of Operational Data
Heuking Kühn Lüer Wojtek, November 2020

LAG Baden-Württemberg, judgement of 17.09.2020, 17 Sa 8/20 The unauthorized, deliberate deletion of operational data on the employer's IT systems represents a significant breach of duty and is generally suitable to justify a termination of the employment relationship without notice period. Facts The parties are in dispute about the validity of the extraordinary, alternatively ordinary, notice of termination pronounced by the employer...

A Change of Workplace due to Interpersonal Conflicts is also Possible without Identification of the Guilty Party
Heuking Kühn Lüer Wojtek, November 2020

Regional Labor Court Mecklenburg-Vorpommern, ruling of July 30, 2019, 5 Sa 233/18   It is up to the employer to decide how to react to a conflict situation in the company, regardless of the causes and responsibilities of the disputants. FACTS The parties dispute over the validity of transferring the plaintiff to another workplace to resolve an interpersonal conflict...

Fine Practices of the Data Protection Supervisory Authorities Under Scrutiny
Heuking Kühn Lüer Wojtek, November 2020

The German Federal Commissioner for Data Protection and Freedom of Information (BfDI) sees the decision as a success: On November 11, 2020, the District Court of Bonn reduced the fine imposed on 1&1 Telekom GmbH for a data protection breach from an original EUR 9.55 million to EUR 990,000.00, thereby fundamentally calling into question the fine practices of the German supervisory authorities...

Home Office - A Risk for Privacy and Cyber Security? What Companies Need To Do
Heuking Kühn Lüer Wojtek, November 2020

The Coronavirus pandemic has caused a shift in the paradigm of modern-day workplaces. Companies across the globe have seen a rapid and widespread shift to remote work, making compliance with the GDPR harder than ever. The Federal Office of Information Security (BSI), in its recent report on the ‘State of IT Security in Germany 2020’, expressed its concern and indicated a ‘tense situation’ for data protection in the country...

German Insolvency Law: COVID-19-Suspension of Duty to File for Insolvency Ended on 30 September 2020 for Illiquid Companies
Heuking Kühn Lüer Wojtek, October 2020

Over-indebted companies still exempted from filing duty until 31 December 2020COVID-19-affected companies to benefit from easier access to protective shield proceedings and preventive restructuring schemes/ regimes as from 1 January 2021 Two German legislative initiatives taken in September 2020 will have an immediate impact on the options available to restructure a business under German law: DUTY TO FILE FOR INSOLVENCY RE-INSTATED FOR ILLIQUID COMPANIES AS OF 1 OCTOBER 2020; SUSPENSIO

Contractual Reference to a Collective Agreement
Heuking Kühn Lüer Wojtek, September 2020

BAG, ruling dated May 13, 2020, 4 AZR 528/19 The employee's remuneration, referred to in an employment contract as "collectively agreed salary" is to be understood as a "dynamic reference clause". If a reference "to the collective agreements applicable for the Company" has been agreed upon in the employment contract, this reference is limited to the binding collective agreements applicable for the employer at the time the contract is concluded...

Employees Duties of Conduct in the Privacy in Times of Corona
Heuking Kühn Lüer Wojtek, September 2020

Since the beginning of the COVID-19 pandemic, the media has repeatedly reported about terminations by the employer, which are based on the fact that employees did not adhere to corona measures during their leisure time, for example because they took part in large anti-corona demonstrations and disregarded the distance rule or were associated with anti-constitutional ideas...



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