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Crypto Trojans (also known as encryption Trojans, ransomware or blackmail Trojans) often lead to considerable damage, as all of the company's data is encrypted and the data is missing for further business operations and invoicing. Often "indirect damage" also occurs, e.g. if data is no longer accessible for reporting to the tax office. If up-to-date backups are available, the situation can often be resolved with a "scare" and the damage is still manageable. But what happens if there are no up-to-date backups? What are the options? Update (2020): Please also see our article Ransomware: Ransom payments can be illegal.

Modern online platforms are often designed as software as a service (SaaS). Economically, the aim is to offer the customer a service and relieve them of the burden of maintenance and care. The contract is structured as a continuing obligation in which payment is made according to certain time units (often monthly or annually). But how should the general terms and conditions be structured and what are the legal requirements?

Overview of the legally required steps
The design of an online store from a legal perspective includes the examination and design of various parts of the online store. It is regularly necessary:

The Hessian Higher Labor Court ruled on 13.03.2017 (16 TaBV 212/16) that the employer may be obliged to provide the works council with a smartphone as a necessary means of information and communication under certain conditions.

With effect from April 1, 2017, extensive new regulations in the area of temporary employment came into force. The aim of the change in the law is to limit temporary work to its core function and to prevent unlawful contractual constructions, in particular bogus work contracts. In the following, we present the main changes to the AÜG that will apply from 01.04.2017. The cited paragraphs already refer to the version of the AÜG from 01.04.2017.

Origin of the law
Directive 2014/52/EU of the European Parliament and of the Council of 16.04.2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.04.2014, p. 1) amended the provisions on the performance of an environmental impact assessment with the aim of ensuring a high standard of environmental protection, increasing resource efficiency and promoting sustainable growth. The provisions of the directive were to be transposed into national law by the member states by 16.05.2017 in accordance with Art. 2 Para. 1 of Directive 2014/52/EU. On 23.01.2017, the German government presented a draft bill for implementation (BT-Drs. 18/10942), which, in addition to the adaptation of environmental regulations, also provided for the amendment of urban planning regulations with a view to coexistence in inner-city areas.

Due to a change in the law in SGB IX, which applies from 01.01.2017, the dismissal of a severely disabled employee is invalid if the representative body for severely disabled employees was not properly involved. Under previous legislation, the involvement of the representative body for severely disabled employees was required by law in the event of a dismissal. However, failure to do so did not render the dismissal invalid.

Current remuneration system for inpatient/outpatient integration assistance facilitiesCurrently, the remuneration for inpatient and outpatient integration assistance services is still based on the service and remuneration agreements concluded with the social welfare providers (Sections 75 ff SGB XII). The provision of living space to the client is regularly remunerated via the agreed basic flat rate and the investment amount and the specialist services are remunerated via the flat rate for measures (cf. Section 76 para. 2 sentence 1 SGB XII).

In its ruling of 18.01.2017 - 7 AZR 224/15, the Federal Labor Court made a landmark decision on the rest period of a works council member and the unreasonableness of the performance of work.

If a provider of integration assistance negotiates with the KVJS about the investment amounts of newly built facilities before they are put into operation, the actual or ultimately recognizable construction and other initial costs are usually not yet known at this time. The necessary operating investment costs to be recognized under performance law are usually only finally and bindingly determined by the proof of use to be provided as part of the funding procedure. For this reason, in practice the service providers often initially agree notional investment amounts with the KVJS on the basis of the planned construction costs, taking into account the construction price index. However, if the actual construction costs ultimately exceed the planned indexed construction costs, the fictitious investment amount leads to a considerable financing deficit. Such a financing deficit can be compensated for by increasing the investment amount retroactively to the start of negotiations by means of an arbitration award or an agreement.

In a recent ruling (14.11.2016, 12 Ta 475/16), the Hamm Regional Labor Court decided that the employer must correct a reference that is worded significantly too well.

The Minimum Wage Act stipulates that a permanent commission of the collective bargaining partners decides every two years on the adjustment of the minimum wage. After the statutory minimum wage was introduced on 01.01.2015, the members of the Minimum Wage Commission unanimously voted on 28.06.2016 for an increase of 34 cents from 01.01.2017. The Federal Cabinet has now passed a corresponding ordinance, as announced by the Federal Government on 26.10.2016.