Knowledge Center

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...