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Ausstrahlung von Anschlag in heutiger Welt

by Hogan Lovells on

Unter ihnen sind, besonders, Vielseitigkeit, einfache Umsetzung, niemals Notwendigkeit jetzt für zusätzliche Hardware, sondern auch nahezu unbegrenzte Möglichkeiten dieser Veränderung des weiteren Entwicklung. Erhöhte...more

IT/Data Protection Newsletter – Germany – Winter Edition 2018

by Reed Smith on

The Winter 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We cover new case law on marketing consent, cookie consent, the liability of platform providers,...more

CJEU on designs which are solely dictated by technical functions

by Hogan Lovells on

On 8 March 2018, the CJEU issued a preliminary ruling in a case that had been referred by the Higher Regional Court of Düsseldorf, Germany....more

German Court Issues Important Judgment on Consent and Transparency in Facebook Case

by Reed Smith on

The Regional Court of Berlin held in a judgment of 16 January 2018 (docket no. 16 O 341/15, German language version of the judgment available here) that Facebook’s default privacy settings and parts of their terms and...more

Schiedsinstitutionen aktualisieren ihre Schiedsordnungen: Gelegenheit zur Neuausrichtung und Anpassungsbedarf für Standardverträge

In jüngster Zeit haben drei im deutschsprachigen Raum wichtigste Schiedsgerichtsinstitutionen ihre Verfahrensregeln überarbeitet. Auch wenn die meisten Schiedsordnungen eine vergleichbare Struktur aufweisen, bestehen im...more

German coalition government plans insolvency law reform

by DLA Piper on

On 4 March 2018, Angela Merkel secured her fourth term in power after the Social Democratic party (SPD) agreed to form another “grand coalition” government with the conservative Christian Democratic Union (CDU), ending months...more

International Arbitration Alert - Revision of the DIS Arbitration Rules

by WilmerHale on

The German Institution of Arbitration (Deutsche Institution fu¨r Schiedsgerichtsbarkeit, or “DIS”) has revised its Arbitration Rules (“Rules”). The new Rules came into effect on 1 March 2018 and replace the 1998 DIS Rules....more

German Federal Supervisory Authority (BaFin) provides guidance on regulation of ICOs

by McDermott Will & Emery on

On 20 February 2018, the German Federal Supervisory Authority (BaFin) issued its highly anticipated statement (GZ: WA 11-QB 4100-2017/0010) on the requirements for a token to be classified as a “financial instrument” under...more

Are OTT Services Telecommunications Services? German Court Asks European Court of Justice for Preliminary Ruling | Gmail Case

by Reed Smith on

According to a press release dated 26 February 2018, the Administrative Court of Appeal Munster (Oberverwaltungsgericht Münster) asked the European Court of Justice (ECJ) for a preliminary ruling on the question whether...more

New DIS RULES after 20 years

by White & Case LLP on

On 1 March 2018, after 579 days of deliberations, the new arbitration rules of the German Institution of Arbitration ("DIS") will enter into force, replacing the previous 1998 DIS Rules. The 2018 DIS Rules include several...more

BaFin Publishes Statement on ICO and Token Regulation

by Latham & Watkins LLP on

BaFin, the German Federal Financial Services Supervisory Authority, joins global regulators in releasing guidance for German ICO issuers and advisors. The growing number and commercial significance of cryptographic token...more

Investment Funds Update Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

BaFin Decision Regarding the Duties of Management Companies in Respect to Externally Managed Investment Companies - After a long consultation period, BaFin published its new interpretative decision on 21 December 2017...more

Germany Finds that Facebook’s Privacy Settings and Terms of Service Violate Their Privacy Rules: Data Privacy Trends

by CloudNine on

One of the things that Tom O’Connor and I discussed in last week’s webcast about the upcoming Europe General Data Protection Regulation (GDPR) was how consent will be interpreted for use of data for its data subjects. Last...more

German DPAs Publish Model GDPR Processing Records – Translations Provided

by Alston & Bird on

In just under 100 days, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of their...more

German Supreme Court Issues Landmark Ruling on Unfair Trading Practices

by Jones Day on

The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a...more

German Court Rules Facebook’s Use of Personal Data Is Illegal

by Balch & Bingham LLP on

A Berlin regional court recently ruled that Facebook’s use of personal data was illegal because the social media platform did not adequately secured the informed consent of its users. A German consumer rights group, the...more

Works Council Elections 2018 in Germany – Are You Ready?

In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018. Companies with business in Germany should prepare for the election process...more

Orrick’s Guide to Venture Capital Deals in Germany – 2018 Edition

Venture Capital Deals in GermanyNegotiating venture capital financing agreements for privately-held technology companies raises business, legal, tax, intellectual property, employment and liability issues. If you don’t get...more

Airbus Pays €81 Million Fine to German Authorities for “Violation of Supervisory Duties”

by Morrison & Foerster LLP on

In one of Europe’s largest cross-border corruption investigations, involving multiple jurisdictions including Germany, the United Kingdom, France, and Austria, one chapter concluded at the end of last week: On February 9,...more

What’s trending: The factors that can trigger supply chain disruption and litigation in the life sciences industry

by Hogan Lovells on

Change is coming to the life sciences industry. Price pressure, new market entrants, the emergence of personalized medicine, and even climate change are adding complexity to traditional manufacturing processes and supply...more

OTA & Travel Distribution Update - German coalition's plans for increased scrutiny of online platforms; Avvio introduces chatbot...

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update is below and features a variety of stories – EU regulation, AI-powered chatbots, direct booking, connectivity and taxes....more

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

Works Council Elections in Germany – Avoid mistakes and be aware of special termination protections! Final Part III

by Bryan Cave on

March 2018 is getting closer and works council (re)elections will again be on the agenda in Germany. We started this three-part blog last November with an overview to this topic and the second part highlighting the election...more

Works Council Elections 2018: Practical Guidelines for Companies

In Germany, regular works council elections are held every four years. The next election period is quickly approaching, starting on March 1, 2018. Please see full Publication below for more information. ...more

EU & Competition Law Update - February 2018

by Bryan Cave on

Does the EU’s Qualcomm fine represent efficient justice? As widely reported, on 24 January 2018, the EU Commission fined Qualcomm €997m for abusing its dominant position in LTE baseband chipsets....more

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