Alle Beiträge

19. Apr 2023 Reform of the Working Hours Act: Draft law on recording working hours

With the draft law, the Federal Ministry of Labor is reacting to the decisions of the ECJ from 2019 and the Federal Labor Court from 13.09.2022 , according to which employers are obliged to systematically record working hours.

Labor law
29. Mar 2023 The prompt engineer of an AI as the originator

In connection with artificial intelligence ("AI"), numerous questions remain unresolved, and not just of a legal nature. Currently, there are even prominent calls for a six-month moratorium on AI development in order to be able to further assess its impact. One of the questions to be legally assessed is whether there is an author for an AI product and, if so, who this is. The so-called prompt engineer is increasingly coming into consideration here.

IP/IT Stuttgart
29. Mar 2023 New procurement procedure for medical rehabilitation pursuant to Section 15 SGB VI and competition law The dual role of German pension insurance

A legal opinion commissioned by the Bundesverband Deutscher Privatkliniken e.V. (Federal Association of German Private Clinics) and various providers of rehabilitation facilities comes to the conclusion that the latest reform of Section 15 SGB VI is contrary to European law and unconstitutional due to a breach of competition law. In particular, the statements of the experts Brosius-Gersdorf and Gersdorf on European competition law are convincing and should encourage the legislator to reconsider the new occupancy and remuneration system:

Medical and social law
28. Mar 2023 Case law clarifies: Improper documentation of smoking breaks is working time fraud

In its ruling of 03.05.2022, case reference: 1 Sa 18/21, the Thuringia Higher Labor Court clarified that employees commit working time fraud if they do not properly document smoking breaks. In the opinion of the Thuringia Higher Labor Court, faking work that has not actually been performed by failing to properly document smoking breaks constitutes a particularly serious breach of duty and may justify termination without notice. As the trust necessary for an employment relationship is regularly destroyed in these cases, no prior warning is generally required.

Labor law
23. Mar 2023 Next update of the Whistleblower Protection Act

After a long odyssey, the Whistleblower Protection Act now seems to have reached port.

Labor law
21. Mar 2023 New BGB regulations on hybrid or purely virtual assemblies and meetings - for associations and foundations "by means of electronic communication" for associations and foundations "by means of electronic communication"

So something is happening after all, at least a little, regarding the now permanently applicable legal regulations for meetings and assemblies held digitally or electronically at associations and foundations. The German Civil Code has been amended with the provisions contained in Section 32 (2) BGB (new version), which came into force on 21.03.2023. These are intended to allow meetings and assemblies to be held "by means of electronic communication" even without corresponding provisions in the articles of association, unless the articles of association provide otherwise, but what has been regulated by this new law? And what has not been regulated? Do regulations in the articles of association still make sense or are they still needed? In which cases?

NPOs, church and social institutions
14. Mar 2023 Technical IT deficiencies prior to ransomware attack result in GDPR fines Ransomware

The Irish data protection supervisory authority was not previously known for its overly strict application of the GDPR requirements. In many cases, it has been surprisingly lenient, especially towards large tech companies based in Ireland. This makes the authority's latest decision, which involves a fine of half a million euros and could have an impact on IT security and the technical data protection requirements of companies, all the more surprising. The authority states that even supposedly minor failures in IT security can result in large fines, even without any additional circumstances.

IP/IT Stuttgart
1. Mar 2023 European Health Data Space (EHDS) New ways of using medical data

In May 2022, the EU Commission presented a draft regulation on a "European Health Data Space" (EHDS) (COM(2022) 197 final). At the same time, the German government agreed two legislative projects in the coalition agreement that pursue a similar objective. If implemented, both projects will open up completely new ways of utilizing medical data.

IP/IT Stuttgart
28. Feb 2023 EU expands Russia sanctions package with comprehensive export bans on dual-use goods Compliance

With what is now the tenth package of sanctions, the European Union is further tightening its measures against Russia as a result of the war in Ukraine. There are new trade restrictions, particularly for industrial goods not previously covered. Companies have reason and necessity to review their own compliance measures.

IP/IT Stuttgart
28. Feb 2023 Current ruling by the Federal Labor Court on equal pay for men and women

In a recent judgment (judgment of 16.02.2023 - Ref.: 8 AZR 450/21), the Federal Labour Court (BAG) upheld a claim by a female employee demanding the same remuneration as her male colleagues. According to the BAG, the employer could not rebut the presumption of discrimination on the grounds of gender, in particular on the grounds that the male colleague had negotiated a better salary when he was hired.

Labor law
15. Feb 2023 Federal Council rejects approval of the Whistleblower Protection Act

In December 2021, Germany should have already implemented the EU Whistleblower Protection Directive. In December 2022, the Federal Council finally passed the Whistleblower Protection Act. However, this did not receive the required majority in the Bundesrat on 10.02.2023 and has failed (for the time being).

Labor law
6. Feb 2023 BAG clarifies in new decision: Three-year limitation period for vacation compensation remains

In its ruling of 20.12.2022, Ref.: 9 AZR 266/20, the BAG agreed with the case law of the ECJ, according to which leave in an existing employment relationship cannot expire if employers have not complied with their duty to inform.

Labor law

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