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15. Oct 2020 Ransomware: ransom payment can be illegal

If company data is encrypted due to an encryption Trojan (or "ransomware"), such as "WannaCry", you are faced with the choice of accepting the blackmail and paying a ransom or restoring or otherwise reconstructing the encrypted data yourself using backups. Payment to the ransomware gang is often more economically attractive than reconstruction. This is all the more true if the ransomware gang also threatens to publish data. In this context, the question of whether a payment to the ransomware gang is unlawful has so far been little examined.

IP/IT Stuttgart
14. Oct 2020 New product safety law from mid-2021 Powers of market surveillance authorities also for online platforms

From July 16, 2021, a reform of product safety law will come into force and the powers of the authorities will be significantly expanded, including the power to purchase products under a false identity, carry out reverse engineering and restrict access to online platforms and require the inclusion of warnings. Orders to withdraw and recall products are also possible.

IP/IT Stuttgart
30. Sep 2020 AvP insolvency - initial legal findings Initial legal findings

On 15.09.2020, the pharmacy billing center AvP Germany filed for insolvency. Since then, there has been great uncertainty among service providers. The insolvency of this payment service provider affects many pharmacies and other service providers throughout Germany; the feared losses due to outstanding payments for prescriptions to be billed run into the billions. For affected pharmacies and the (provisional) insolvency administrator, but also for other healthcare providers who have outsourced their billing and are not (directly) affected by the current insolvency, difficult questions are already emerging from a legal, economic and technical perspective:

Medical and social law
21. Aug 2020 The new Building Energy Act (GEG) - A uniform set of rules for climate-neutral buildings A standardized set of rules for climate-neutral buildings

Numerous debates on amendments and proposals from the federal states, associations and experts preceded the agreement on the new Building Energy Act (GEG). On 18.06.2020, the Bundestag approved the law at second and third reading, and the Bundesrat also approved the draft law on 03.07.2020. After the law was signed by the Federal President, the GEG was finally promulgated in the Federal Law Gazette on 13.08.2020. It will now enter into force on 01.11.2020 and contains far-reaching changes and adjustments.

Real estate law, public & private construction law, public procurement law
18. Aug 2020 What's next for out-of-hospital intensive care? 1. section 37c SGB V new entitlement to outpatient intensive care

On July 2, 2020, the Bundestag passed the federal government's draft bill to strengthen intensive care and medical rehabilitation in statutory health insurance (IPReG for short) as amended by the Health Committee. The resolution in the Bundesrat is currently still pending. Patient associations had already criticized the government draft in advance and amendments were made in the Bundestag. Nevertheless, numerous questions remain unanswered, particularly with regard to practicability:

Medical and social law
5. Aug 2020 Screen scraping / web crawler Legal admissibility and framework conditions

Are screen scraping and web crawling legally permitted, i.e. the automated scanning of content from other websites and transferring the data obtained in this way to a separate system for further use?

IP/IT Stuttgart
31. Jul 2020 Trademark law: Distribution and trademark protection in international trade especially in China

No other country is more frequently associated with the term "brand piracy" (counterfeit products) than the People's Republic of China. According to the European Union Intellectual Property Office (EUIPO), manufacturers in the EU recently suffered a loss of revenue of 60 billion euros annually due to imported counterfeits, and this figure is rising. Medium-sized companies in particular are therefore shying away from the lucrative Chinese market, as selling their own products increases the risk of counterfeiting. Nevertheless, the export quota is continuously increasing. In 2019 alone, goods worth 95.97 billion euros were exported from Germany.

IP/IT Stuttgart
29. Jul 2020 Online marketplaces: new requirements due to the P2B Regulation on the invalidity of general terms and conditions and other requirements

There are numerous online marketplaces where businesses can post offers and consumers can accept them. The P2B Regulation (Platform-to-Business Regulation, EU Regulation 2019/1150) has applied to such online intermediation services since mid-July 2020. The P2B Regulation contains numerous requirements for the design of the platform on the part of the platform operator, in particular for the design of the GTC. If certain provisions are missing, the T&Cs are void in whole or in part and there is a risk of warnings.

IP/IT Stuttgart
20. Jul 2020 Vacation in a risk area from an employment law perspective - important information Important information

The main vacation period is just around the corner. There are a number of pitfalls for employers when it comes to vacation - particularly due to the global coronavirus pandemic and its effects, but there are also important points to bear in mind when it comes to the expiry of vacation. In this vacation update, we would like to draw your attention to the most important points that employers should be aware of at the moment:

Labor law
16. Jul 2020 BSG grants protection of legitimate expectations against reimbursement of expense allowances paid before January 1, 2015

We had already reported here on the decisions of the Reutlingen Social Court (SG Reutlingen, judgment of March 14, 2018 - S 1 KR 3632/16) and the LSG Baden-Württemberg (judgment of April 9, 2019 - L 11 KR 1359/18), according to which expense allowances that were issued before the decision of the First Senate of the Federal Social Court of July 1, 2014 on the factual and arithmetical correctness check cannot be reclaimed.

Medical and social law
15. Jul 2020 Forfeiture of vacation during illness - employer's duty to cooperate? Background:

Federal Labor Court asks European Court of Justice for clarification: Can leave in the event of illness or reduced earning capacity expire after the 15-month period if the employer fails to cooperate? BAG, judgment of 07.07.2020 - 9 AZR 401/19; 9 AZR 245/19

Labor law
6. Jul 2020 Government draft of the Association Sanctions Act What is the aim of the Association Sanctions Act (VerSanG)?

Compliance is understood to mean the general adherence to all laws, regulations, guidelines and internal rules relevant to a company. A functioning compliance management system should ensure that the rules are adhered to and that violations can be avoided or at least detected and sanctioned.

Labor law

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