ArticleHow Will Future EU Rules Change Cashless Payments?Cashless payments by smartphone are becoming more and more popular. The phase in which credit card payments have become commonplace in Germany ...European UnionTechnologySKW Schwarz
ArticleAdBlockers Now Really More Legal Than Not?A third higher regional court has ruled on the legality of website ad blockers, a further decision in one of several proceedings initiated against the distribution of "AdBlock Plus". GermanyMedia, Telecoms, IT, EntertainmentSKW Schwarz
ArticleDoes BREXIT Threaten To Revoke The Deferral Pursuant To § 6 Of The Foreign Tax Act (AStG)?Which problems BREXIT will cause in detail is still unclear. At the present time, the BREXIT negotiations have led neither to a final resignation agreement ...GermanyCorporate/Commercial LawSKW Schwarz
ArticleIs There Such A Thing As Nivea-Blue?The German Federal Patent Court (BPatG) has recently strengthened Nivea-producer Beiersdorf's abstract color mark "Blue" in Germany (October 18, 2019 - 27 W (pat) 1/17). GermanyIntellectual PropertySKW Schwarz
ArticleIs My Company GDPR-Compliant?With the GDPR in force for more than a year, most companies have spent a lot of time and money to implement the new requirements under data protection law.GermanyPrivacySKW Schwarz
ArticleFancy An ICO For Financing Your Project? Consider The Regulator's ViewGerman financial regulatory authority BaFin published further guidance on its view around tokens and crypto-currencies used to structure Initial Coins offerings (German version available here). GermanyTechnologySKW Schwarz
ArticleNotice Of The European Commission On The Data Transfer To The United Kingdom After BrexitOn January 9, 2018, the EU Commission announced that the United Kingdom (UK) would be treated as a third country within the meaning of the GDPR after its withdrawal from the EU on March 30, 2019. European UnionPrivacySKW Schwarz
ArticleTransaktionspraxis: „Das Ist Doch Marktstandard …"Ganz unbestritten gibt es in der M&A-Transaktionspraxis gewisse Marktstandards. Auch wenn man über die Details heftig diskutieren kann, wird niemand bestreiten wollen ...GermanyCorporate/Commercial LawSKW Schwarz
ArticleOne Year Of PSD2 – Current DevelopmentsThe Transposition Act for the Second EU Directive on Payment Services (PSD2) has been in force since January 13, 2018GermanyFinance and BankingSKW Schwarz
ArticleNo Coverage Of D&O Insurance For Damage Resulting From Delay In Insolvency FilingIn a landmark decision, Düsseldorf Higher Regional Court clarified that general managers cannot rely on their D&O insurance cover in the event of claims for repayment by an insolvency administrator under Section 64 German Act on Limited Liability Companies (Case I-4 U 93/16). GermanyInsolvency/Bankruptcy/Re-StructuringSKW Schwarz
ArticleIncoterms 2020The Incoterms issued by the ICC (International Chamber of Commerce) are set to be revised.GermanyInternational LawSKW Schwarz
ArticleRating Rulings Revisited – Once It Reviews, The Platform Simply Needs To Get It Right...The Higher Regional Court of Dresden added another piece to the puzzle around user ratings and platform liability.GermanyMedia, Telecoms, IT, EntertainmentSKW Schwarz
ArticleDo Not Remember Me: The Right To Be Forgotten & GDPRGerman courts had a few opportunities to decide on cease and desist claims against search engines with the aim to block certain search results in connection with the claimant's nameGermanyPrivacySKW Schwarz
ArticleBerlin Court Of Appeal: Bitcoins Not A Financial Instrument Within The Meaning Of The German Banking ActIn its September 25, 2018 judgement, the 4th Criminal Division of Berlin Court of Appeal ruled that Bitcoin trading is not punishable because Bitcoins are not a financial instrument within the meaning of the Banking Act.GermanyTechnologySKW Schwarz
ArticleKI-Flash: DeepSeek AI - Navigating Legal & Cross-Cultural ChallengesJust published in the New York Law Journal: William A. Tanenbaum and Dr. Matthias Orthwein, LL. M. (Boston) examine the Chinese AI model DeepSeek's dual-edged implications for international business.GermanyTechnologySKW Schwarz
ArticleNew Procedure To Protect Website, Apps, And Online Portal Operators From Copyright Lawsuits In The U.S.Effective December 31, 2017, the U.S. Copyright Office introduced new rules governing the registration of service providers of certain telemedia services. United StatesIntellectual PropertySKW Schwarz
ArticleHard To Swallow: EUIPO Cancels Mcdonald's "BIG MAC" TrademarkThe decision of January 11, 2019 caused lots of media attention.GermanyIntellectual PropertySKW Schwarz
ArticleDigital Female Event: Empowerment For WomenPlacing a focus on female empowerment, law firm SKW Schwarz hosted the first DIGITAL FEMALE event in cooperation with Axel Springer at Münzstudio in Berlin on September 12, 2019.GermanyMedia, Telecoms, IT, EntertainmentSKW Schwarz
ArticleECJ: Requirements For Cookie ConsentOn October 1,2019 the European Court of Justice ruled that website operators cannot obtain consent to the setting of cookies...GermanyPrivacySKW Schwarz
ArticleNew Fine Model PublishedFollowing a number of rumors, it is now official: fines for data protection infringements will be imposed according to a uniform procedure in the future. GermanyPrivacySKW Schwarz