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  • Article

    Exclusion Of Fixed-Term Employees From A Remuneration Supplementation Violates EU Law

    The prohibition of discrimination against fixed-term employees has already been the subject of a large number of decisions by both the ECJ and the BAG [German Federal Labor Court
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    ECJ Strengthens Position Of Data Protection Officers

    On February 9, 2023, the European Court of Justice determined that the German regulations for the dismissal of data protection officers may be stricter than the GDPR stipulates.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Update Data Protection No. 161 - ECJ Rules On Schufa Scoring – Current Practices Not GDPR-compliant

    In two decisions, the European Court of Justice ("ECJ") ruled on 7 December 2023 on SCHUFA scoring and the processing practices of SCHUFA Holding AG...
    European UnionPrivacy
    HEUKING
    HEUKING
  • Article

    BGH Rules On The Scope Of The Right To A Copy

    In its ruling of March 5, 2024 (VI ZR 330/21), the Federal Court of Justice ("BGH") further clarified the scope of the right of access in yet another decision.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Federal Labor Court: Notice Of Dismissal In Mass Dismissal Proceedings

    While the complaint was dismissed in the first instance, the plaintiff's appeal was successful.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    The German Federal Ministry Of Justice Submits A Proposal For A Corporate Sanctions Act

    The German Federal Ministry of Justice and Consumer Protection (BMJV) has submitted its long-awaited proposal for a Corporate Sanctions Act (VerSanG). When corporate crimes
    GermanyCriminal Law
    HEUKING
    HEUKING
  • Article

    Forfeiture Of Vacation Entitlements - Part II

    In our newsletter article of March 2019, which was only based on press release No. 9/19 of the BAG [German Federal Labor Court] regarding the judgment of Feb. 19, 2019 - 9 AZR 541/15
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    No Liberalization of Public Advertising of Rx Compounds

    Pharmaceutical advertising is regulated by the Act on Advertising in the Health Care System [HWG]. Courts regularly must decide which information about prescription drugs (Rx compounds) may also be made available to consumers and the means by which Rx compounds can be advertised
    GermanyFood, Drugs, Healthcare, Life Sciences
    Heuking Kühn Lüer Wojtek
    Heuking Kühn Lüer Wojtek
  • Article

    Corona And The Adoption Of Annual And Consolidated Financial Statements, In Particular Relating To The Supervisory Board's Financial Statements Meeting

    Increasingly far-reaching restrictions with respect to the COVID-19 virus also bring to light the issue of timely drafting, auditing, adoption, and publication of annual and consolidated financial statements...
    GermanyCoronavirus (COVID-19)
    HEUKING
    HEUKING
  • Article

    Stricter Rules Governing The Participation Of Non-EU Investors In German Companies

    The German Federal Government has amended the Foreign Trade and Payments Ordinance to increase the barriers for M&A transactions involving non-EU investors.
    GermanyGovernment, Public Sector
    Heuking Kuhn Luer Wojtek
    Heuking Kuhn Luer Wojtek
  • Article

    Coronavirus: FAQ Employment Law Part 3

    The regulation of March 25, 2020 was announced in the Federal Law Gazette on March 27, 2020 and entered into force retroactively as of March 1, 2020. It is initially valid until December 31, 2020.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    The Works Council's Right To Inspect Payroll With Gross Salaries Broken Down By Employee Names

    A company granted the works council access to its electronic employee salary file – the payroll showing gross salaries, while stripping employees' names from the list, thus in anonymized
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    No Granting Of Half Days Of Leave

    Half days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement.
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Accidents While On Home Office

    Due to the current corona pandemic, many employers are enabling their employees to work from home. But what if the employee has an accident while working from home?
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    ECJ Clarifies Further Questions On Compensation For Damages And Health Data

    On December 21, the ECJ ruled in Case C-667/21 on issues relating to health data in the employment context.
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    Global Advertising Lawyers Alliance Announces New Officers

    The Global Advertising Lawyers Alliance ("GALA") recently elected three new members to its Executive Committee.
    United StatesLaw Department Performance
    Global Advertising Lawyers Alliance (GALA)
    Global Advertising Lawyers Alliance (GALA)
  • Article

    Measures Under German Tax Law To Create Or Preserve Liquidity

    Companies and taxpayers alike are experiencing massive liquidity shortages due to the far-reaching restrictions on the economy and on public life caused by the COVID-19 pandemic,
    GermanyTax
    HEUKING
    HEUKING
  • Article

    Employment: Law & Practice

    In Germany, an employee (Arbeitnehmer) enjoys a special status that is described as the personal obligation to perform work upon the employer's instructions, without entrepreneurial risks ...
    GermanyEmployment and HR
    HEUKING
    HEUKING
  • Article

    Changes To The BDSG And TTDSG - What Is Changing And What Companies Need To Pay Particular Attention To

    "To improve the enforcement and consistency of data protection, we are strengthening European cooperation, institutionalizing the Data Protection Conference in the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and want to enable it to make legally binding decisions where possible."
    GermanyPrivacy
    HEUKING
    HEUKING
  • Article

    No Right Of Access To Data From Backups?

    The Heidelberg Regional Court rejected an employee's claim for access to information about the employer's processing of his personal data insofar as this data is merely located in backup files of...
    European UnionPrivacy
    HEUKING
    HEUKING

Showing 81–100 of 129 results

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