Germany
December 3, 2023
Recently published research of the European Patent Office and the UK government as well as a German government agency’s policy paper confirm the role of IP for start-up success, particularly for academic spin-offs.
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Germany
November 21, 2023
The newly passed Future Financing Act (Zukunftsfinanzierungsgesetz) in Germany significantly expands the scope of Section 19a EStG, enhancing employee equity participation by extending tax deferral benefits and eligibility criteria for companies.
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Germany
October 31, 2023
The Federal Court of Justice has ruled the following: Sellers of real estate must inform buyers about potential costs for upcoming maintenance works without being asked - regardless of the buyer’s possibility to inspect the respective documents uploaded in a (virtual) data room.
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Germany
October 26, 2023
Artificially intelligent medical software, vital for diagnostics and treatment, faces certification challenges with dynamic AI, which continuously learns, being generally uncertifiable. This situation underlines the need for updated regulations to support AI's evolving role in healthcare.
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Germany
October 11, 2023
In its ruling of December 15, 2022, the Regional Court of Hamburg prohibited a statutory health insurance company from providing doctors with information that incorrectly advertised the cost-effectiveness of a therapeutic allergen.
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Germany
October 11, 2023
The use of ChatGPT in HR departments for tasks like creating job ads, application responses, and legal assessments brings efficiency, but it also raises legal concerns due to the absence of specific legal frameworks, highlighting the need to be aware of potential pitfalls to avoid costly errors.
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Germany
October 10, 2023
In mid-April, the draft bill on the Future Financing Act was presented (we had already reported on this). In the meantime, the government draft of the Future Financing Act has been published. The most important key points and changes at a glance.
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Germany
October 8, 2023
European Securities Markets Authority's new guidelines call for more comprehensive and transparent sustainability disclosures in securities prospectuses, focusing on detailed ESG reporting and reduced reliance on disclaimers in sustainability-linked bonds and securities.
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Germany
September 26, 2023
The Green Claims Directive (GCD) will enforce stricter standards for environmental advertising claims for medical devices, emphasizing verification and transparency to prevent greenwashing, with implications for marketing practices and legal compliance.
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Germany
September 26, 2023
The German Federal Ministry of Health's draft for the Cannabis Law proposes to reclassify medical cannabis, removing it from the Narcotics Act to simplify its dispensing and accessibility for patients, while maintaining stringent control and safety standards.
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Germany
September 3, 2023
A job reference letter in Germany, typically provided upon termination, plays a crucial role in settlement negotiations during dismissal protection cases. Its unique format and language stem from outdated German laws. Here are 10 common pitfalls foreign companies should be aware of.
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Germany
August 29, 2023
The European Commission's new EU Battery Regulation (Regulation (EU) 2023/1542, "EU-Batt-R") emphasizes the strategic importance of battery development and manufacturing. The European Battery Alliance estimates the 2025 market volume at EUR 250 billion.
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Germany
July 30, 2023
Handling employment matters in Germany can be complex for North American in-house counsels. From contracts and onboarding to global policies and German employment litigation, understanding these unique aspects is essential.
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Germany
July 23, 2023
In response to Russia's actions in Ukraine, the EU approved sanctions limiting capital market access, targeting individuals and companies, and capping Russian oil prices. Violations result in heavy penalties.
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Germany
May 21, 2023
The Supply Chain Due Diligence Act (SCDDA) has been in force since January 1, 2023, requiring companies to continually update their compliance, procurement, and contract drafting processes to meet evolving due diligence obligations and monitor changing risks.
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Germany
May 11, 2023
The German Whistleblower Protection Act (HinSchG) is now in effect, requiring companies with 249+ employees to establish a whistleblower system by June 2023 or face fines and potential legal issues. This also applies to companies with at least 50 employees starting December 17, 2023.
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Germany
April 2, 2023
The German Transparency Register and Financial Information Act (TraFinG) of 1 August 2021 obliges almost all companies to provide information on their Ultimate Beneficial Owners (UBOs (“wirtschaftlich Berechtigter”, UBO) to the Transparency Register for registration.
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Germany
January 10, 2023
The Regional Court of Munich ruled that shareholders' damages claims for breach of capital markets law rank as equity and not as general unsecured claims in the Wirecard insolvency. Read the result,
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Germany
December 20, 2022
All business models involving tech are inconceivable without services from American companies. Data transfers to these companies can hardly be avoided. However, many transfers involve personal data, so European data protection law must be observed.
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Germany
December 19, 2022
In response to the increasing importance of sustainability and ESG, several companies are considering which departments should be responsible for these issues.
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Germany
December 14, 2022
Anyone who has wanted to buy the Meta Quest 2 in Germany has had to get creative, with German consumers having to purchase these headsets via third-party providers or online from other European countries. Is Germany not a relevant market for Meta, or is it more than that? Taylor Wessing uses competition law to get to the bottom of the issue.
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Germany
December 8, 2022
In a recent decision, the Federal Supreme Court had the opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.
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Germany
December 7, 2022
Taylor Wessing covers six things to watch out for during 2023 in pharma and biotech patent litigation.
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Germany
December 6, 2022
On October 18, 2022, the Federal Ministry for Economic Affairs and Climate Action presented a draft bill for an Energy Efficiency Act, which provides considerable efficiency requirements for data centers.
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Germany
December 5, 2022
Cannabis legalization is coming, at least that's what the German government consisting of Social Democrats, the Liberal Party, and the Greens is proclaiming.
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Germany
December 5, 2022
Due to new legal obligations and the expectations of business partners, companies will soon have to prepare and publish their own sustainability reports.
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Germany
November 28, 2022
The Digital Services Act was finally adopted on October 19, 2022, and published on October 27, 2022. The following provides an overview of this vital piece of European legislation.
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Germany
November 14, 2022
Germany is experiencing a severe energy crisis due to the Ukraine conflict and its effect on the natural gas supply. Energy-intensive companies have seen a dramatic increase in energy costs, irrecoverable from consumers, causing grave financial distress in various industries. As a result, the government plans to modify the German Insolvency...
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Germany
November 3, 2022
The German Whistleblower Protection Act will be implemented promptly. The purpose of the Act is to protect whistleblowers from disadvantages in the future. We have compiled the most important questions from the point of view of the respective department.
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Germany
October 23, 2022
By hitting a record trading volume of nearly USD 17.6 billion in 2021, the new type of crypto-assets, non-fungible tokens (NFTs), are one of the latest advancements in the rapidly evolving crypto industry that attracted substantial public attention.
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Germany
October 19, 2022
As part of Taylor Wessing's newsletter series on "trade secrets," they cover the recently published decision from the Federal Court of Justice on reasonable secrecy measures.
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Germany
October 9, 2022
Users' activities within the Metaverse entail collecting and processing considerable amounts of data, yet there seem to be few limits. Such data processing needs to be subject to regulation to safeguard data subjects' privacy rights appropriately.
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Germany
October 6, 2022
Directors must file for insolvency without undue delay and, at the latest, within three weeks of illiquidity, and failure to do so may result in severe civil and criminal liability.
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Germany
September 22, 2022
The new Unified Patent Court will handle patent infringement proceedings according to a new and unique set of rules defined by the UPC Agreement and the Rules of Procedure.
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Germany
September 19, 2022
As of May 26, 2022, the new Regulation on In-vitro Diagnostic Medical Devices (EU) 2017/746 becomes fully applicable. It provides the new regulatory framework for in-vitro diagnostic medical devices, from performance evaluation and performance studies to placing on the market, making available, putting into service, and the surveillance of IVDs...
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Germany
September 19, 2022
If you're thinking of doing business in Germany, our comprehensive guide, "Doing Business and Investing in Germany," can assist you.
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Germany
September 13, 2022
The German Federal Institute for Drugs and Medical Devices and companies from the life sciences sector repeatedly clash regarding the legal qualification of substances.
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Germany
September 13, 2022
The decisive criterion for distinguishing between the mail order business and the dispensing of medicinal products from a retail pharmacy is the transport and delivery of the medicinal products to the customer.
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Germany
September 11, 2022
At the end of 2019, the German legislature included digital health applications in the statutory health insurance reimbursement catalog. In 2021, digital nursing applications also found their way into the benefits catalog of long-term care insurance funds.
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Germany
August 30, 2022
The German Trade Secrets Act (GeschGehG) has been in force since April 26, 2019. Nevertheless, many companies still need to address the topic of know-how protection adequately.
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Germany
August 4, 2022
According to a ruling by the German Federal Court of Justice (BGH) on May 5, 2022, a passenger's claim for reimbursement due to a flight cancellation in insolvency needs to be established in the schedule of creditors.
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Germany
July 31, 2022
As digital assets continue to grow and evolve, the world of restructuring is facing the issue of how to deal with them.
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Germany
July 17, 2022
The new Act Data Protection and Privacy of Telecommunication and Telemedia Services (TTDSG) has been in force in Germany since December 1, 2021.
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Germany
July 17, 2022
Taylor Wessing covers the latest trends for venture capital investments.
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Germany
July 17, 2022
The Office has released some guidance on the classification of items relating to "virtual goods" and "non-fungible tokens (NFTs)."
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Germany
July 11, 2022
On May 11, 2022, the European Commission published a proposal for a new Council Directive providing for a tax-deductibility of notional interest on the growth of equity to tackle the tax bias in favor of debt funding.
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Germany
July 6, 2022
In a ruling issued on March 3, 2022, the German Federal Court has again raised the requirements for proving that a debtor, when making a payment, intended to disadvantage creditors.
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Germany
October 4, 2021
The German Act on the Stabilisation and Restructuring Framework for Business came into force on 1 January 2021.It provides the first pre-insolvency restructuring framework for the reorganisation of companies facing "imminent illiquidity" and the possibility of involving dissenting creditors.
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Germany
September 27, 2021
Several new registers have been created in the current year. The following sets out an overview of which registers should be consulted as part of the due diligence process for tech deals:
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Germany
April 11, 2021
The German Federal Court of Justice (BGH) has ruled that a limited partner is not liable for debts incumbent on the insolvency estate incurred by an administrator in insolvency proceedings.
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Germany
March 8, 2021
On January 1, 2021, the German Law for the Further Development of the Restructuring and Insolvency Laws (SanInsFoG) came into force. Crucially, this contains a stabilization and restructuring framework for businesses.
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Germany
March 8, 2021
In 2013, a global effort to reform interest rate benchmarks was launched to render these benchmarks less prone to manipulation and to make them more representative of the wider market conditions.
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Germany
March 4, 2021
Hiring a contractor is often an the first option for foreign clients to start business in Germany without own employees. But this brings some significant risks when it is done not properly.
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