Member Articles

The current EU regulations for medical devices and in vitro diagnostics are from the 1990s. The rapid technical developments in the health care system in recent years as well as the increased cross-border trade urgently require a modernization of the current legal framework. Now the adoption of new EU legislation is imminent. This article provides a brief overview of the planned content and the likely entry into force of the Regulations ...

1. IntroductionSince 2004 the sale by mail-order of prescription-only pharmaceutical products is no longer prohibited in Germany, being the biggest potential market for pharmaceutical products within Europe and thus generally most attractive for pharmacy companies. However, the German pharmacies have been protected during the last decade by a national legislation providing for a fixed–price system for the supply of prescription-only pharmaceutical products ...

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 ...

The Hamburg data protection authority has imposed fines against the companies Adobe, Punica and Unilever, stating that they have continued to transfer personal data to the USA contrary to the stipulations of the Safe Harbor judgment. 1. The Safe Harbor judgment of the ECJ dated October 6, 2015 (legal matter C-362/14) makes it clear that European companies can no longer simply transfer personal data to the USA as a "non-secure third country" ...

1. Background and Issue Labour representation at board level is a well-established part of the German corporate governance system. According to the German Co-Determination Act, a corporation with more than 2,000 employees has to establish a co-determined supervisory board composed of an equal number of shareholders’ and employees’ representatives ...

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 ...

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 ...