Knowledge Center

10 Pitfalls When Dealing with Diversity and Inclusion Under German Law

Diversity and inclusion are topics that nowadays play an important role for every company doing business in Germany. A corporate culture of diversity is key for a successful company as it not only demonstrates the company’s awareness and acknowledgement of its social structure but can also strengthen the employees’ sense of belonging and...

Update: German Federal Court of Justice (BGH) Refers Proceedings to ECJ Regarding Losses on Online Sports Betting Due to a Possible Infringement of the Freedom to Provide Services

Following the suspension of a case by the German Federal Court of Justice (BGH) in January 2024 (Case No. I ZR 53/23) in light of a pending case before the European Court of Justice (ECJ) (Case No. C-440/23), the BGH has now referred another case regarding online sports betting losses to the ECJ (decision of 25 July 2024 - Case No. I ZR 90/23).

Judgment of the ECJ in Case C-757/22 (Meta Platforms)

Following the renewed question referred by the BGH regarding the scope of Art. 80 para. 2 GDPR, the ECJ ruled on July 11, 2024 in case C-757/22 on the standing of consumer protection associations. According to the court, the breach of an information obligation pursuant to Art. 12 et seq. GDPR is sufficient to enable representative actions.

Update on Advertising Using ‘Climate-neutral’ Statement: First Decision of German Federal Court of Justice

As already reported in detail (see our Insight of 2 August 2023 here [German only]), the first case regarding advertising using the term ‘climate-neutral’ was brought before the highest German civil court, the Federal Court of Justice (Bundesgerichtshof), in July last year (case no. I ZR 98/23). On 27 June 2024, the Federal Court announced its...

Hamburg Regional Court: Health Advertising for "Gamer" Energy Drink Inadmissible

In its decision of 19 January 2023 (Case No.: 312 O 256/21), the Regional Court of Hamburg had to deal with the admissibility of various statements advertising an energy drink in which the drink was said to increase the ability to concentrate and react. The question arose as to whether such statements could constitute an infringement of Art. 10...

Germany: Two years of Cancellation Buttons–Status Quo and New Developments

Since the enactment of the Fair Consumer Contracts Act in 2022, which mandated the inclusion of a cancellation button for evergreen agreements on websites in Germany (also known as the “2-click cancellation law”), there has been a lot of attention by German Consumer Protection Associations (CPA) and a notable impact on businesses.

FSA Arbitration Board: Stricter Requirements for the Support of Training Events by Member Companies

A decision by the Arbitration Board of the German Association for Voluntary Self-Regulation of the Pharmaceutical Industry (FSA) concerns the sponsoring of external training events and the assessment of the existence of an “incentive effect”, which overturns the previous ruling practice of the FSA.

The Digital Act for the Healthcare Sector in Germany: New Requirements for the Use of Cloud Computing Services in the Healthcare Sector

The Act to Accelerate the Digitalization of the Healthcare System (“Digital Act”) was announced on 26 March 2024. In Section 393 of the Fifth Social Insurance Code (“SGB V”) as amended, the Digital Act contains far-reaching regulations on the permissibility of cloud use in the healthcare sector, which will come into force on 1 July 2024....

German Court Outlines Requirements for Insolvency Avoidance Due to Wilful Disadvantage to Creditors

In a recent decision, the German Federal Court of Justice (BGH) further outlined the requirements for the avoidance of a transaction under insolvency law on the grounds of wilful disadvantage to creditors pursuant to section 133 of the German Insolvency Code (InsO).

Anti-subsidy Investigation: EU Examines Possible Countervailing Duties for Chinese Electric Vehicles

In recent years, imports and the share of electric vehicles from Chinese manufacturers have been increasing in the EU. In the Commission's view, there is evidence that Chinese car manufacturers benefit from subsidies from the Chinese government and that this has a negative impact on European economic operators, i.e. leads to a distortion of...

German Court Finds that the Presumption of Knowledge in Contestation Claims Extends to Indirect Shareholders

According to the German Federal Court of Justice (the Court), a “related party” (nahestehende Person) within the meaning of German insolvency law includes in the case of a legal entity, an indirect shareholder, provided that it holds more than 25% of the shares. Here, the Court will assume that the legal entity has advance knowledge of the...

EDPB Emphasises the Importance of Free Consent in "Consent or Pay" Models

At the request of the Dutch, Norwegian and German (Hamburg) supervisory authorities to the European Data Protection Board ("EDPB"), the EDPB has addressed the issue of providing clarity on the implementation of "consent or pay" models considering Meta's business model. These models are particularly relevant for large online...

Data Breaches Not Excused by Employee Error

In case C-741/21 (JURIS), the Court of Justice of the European Union recently answered important questions regarding liability for data breaches, the assessment of damages and the influence of human error on liability. The decision confirms and builds on recent case law. Nevertheless, the decision provides an opportunity to clarify the...

Planned Guidelines Regarding "AI liability" - Cause for Contractual Regulations?

The AI Act ("KI-VO") regulates (among other things) the requirements for AI systems. They should be safe, transparent, comprehensible, non-discriminatory and environmentally friendly. But what happens if AI systems violate these requirements and cause damage? Unlawful behaviour is naturally difficult to attribute to AI systems...