Alle Beiträge

8. Aug 2023 BAG ruling: No prohibition of utilization in dismissal protection proceedings with regard to recordings from open video surveillance

In its ruling of 29.06.2023, Ref.: 2 AZR 296/22, the Federal Labor Court ruled that there is generally no prohibition on the use of recordings from open video surveillance in dismissal protection proceedings that are intended to prove intentional conduct by the employee in breach of contract. According to the Federal Labor Court, this also applies if the employer's surveillance measures do not fully comply with the requirements of data protection law.

Labor law
8. Aug 2023 Dressings and other products for wound treatment Concept of dressings

As of 02.12.2024, the ability to prescribe dressings at the expense of statutory health insurance for wound care will change. Manufacturers of dressings should check whether the products they manufacture can continue to be prescribed as dressings or whether they fall under the newly created category of other products for wound treatment.

Medical and social law
1. Aug 2023 When can a doctor charge a cancellation fee for unattended appointments or appointments canceled at short notice?

The Federal Supreme Court has now ruled on an all too tiresome issue: a practice can demand a cancellation fee from a patient who does not show up for an agreed treatment appointment or cancels it at short notice (provided certain conditions are met).

Medical and social law
12. Jul 2023 EU Commission adequacy decision on the USA - transfer of personal data to many US companies finally possible again with legal certainty

What happened?
The transfer of data to countries with a lower level of data protection than the EU - such as the USA to date - is generally prohibited. On Monday, July 10, 2023, the European Commission has now adopted an adequacy decision for secure and trustworthy data flows between the EU and the USA.

Digital & analog, IT law, copyright, e-commerce
2. Jun 2023 Reform of the state foundation laws in the wake of the new foundation (civil) law, here: Baden-Württemberg Background and overview

As the reform of foundation (civil) law will come into force on July 1, 2023 and a completely uniform federal civil foundation law will therefore apply for the first time, it is necessary for the state foundation laws to be adapted accordingly.
17. May 2023 Due diligence of the distributor - OLG Celle specifies obligations of the medical device distributor pursuant to Art. 14 para. 1 MDR

Before a distributor is allowed to make a medical device available on the market, they must check whether the product complies with certain regulatory requirements. According to Art. 14 para. 1 of the Medical Device Regulation 2017/745 EU (MDR):"When making a device available on the market, distributors shall act with due care in relation to the applicable requirements."

Medical and social law
4. May 2023 Significant change in the intended purpose or design of a medical device

Legacy devices may continue to be placed on the market in accordance with the new transitional provisions of the MDR (Art. 120 MDR) since the amending regulation of the MDR of 23.03.2023 if and as long as no significant change in the intended purpose or design has been made. Against the background of the new Art. 120 para. 3c lit. b MDR, the question therefore arises as to when a change in the intended purpose or design is "substantial".

Medical and social law
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

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