Labor law regulates the legal relationship between an employer and its employees. If employment relationships are established in Germany, the provisions of labor law are mandatory for the protection of employees. Circumventing contracts are null and void or, under certain circumstances, constitute what is known as bogus self-employment

Numerous provisions must be observed here, from the recruitment of employees and the correct drafting of contracts to warnings, dismissals and references. The same applies to maternity protection, part-time work and vacation entitlement. It is particularly important to note that, depending on the constellation, special formal requirements or statutory deadlines may apply or different regulations may apply depending on the type of company.

Data protection is a very sensitive topic in Germany and becomes relevant when so-called personal data is affected or processed. The main legal framework is provided by the European GDPR.

Further details will follow shortly, please contact us if you have any questions.

Money laundering and terrorist financing are extremely important in Germany and the EU. The first EU directive was issued in 1991, and the &. EU Directive was issued most recently.

Money laundering is regulated in the German Money Laundering Act (GwG), the German Banking Act (KWG), the German Securities Institutions Act (WpIG), the German Payment Services Supervision Act (ZAG), the German Insurance Supervision Act (VAG) and the German Investment Code (KAGB), among others.

Companies that receive payments, especially if they involve cross-border transfers, should inquire whether they are subject to registration or reporting obligations.

Trade law is part of commercial administrative law. Trade law guarantees and limits the freedom of trade.

As the central law of commercial administrative law, the Trade Regulation Act (GewO) provides a regulatory framework for all commercial activities. In addition to the obligation to notify a commercial activity, there are many other special legal regulations, e.g. on

• Jewelry trade
• Cosmetics
• Electrical appliances
• Product safety Packaging registration LUCID
• Medical devices
• Food/nutritional supplements
• Toys

Detailed explanations will follow. If one of these keywords relates to your intended activity, please contact us.

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The term Internet law is actually misleading, as there is no separate area of law or a separate codified Internet law.

The Internet enables the transfer of (even very large) digital data. This exchange of data enables communication, for example, and therefore also the conclusion of legal transactions (e.g. service contracts, whose services can be provided directly on the Internet (e.g. downstream data for music or video use) but also offline.

This means that, in principle, all matters relating to the Internet are governed by general laws. Under certain circumstances, however, there are special regulations that only apply to the Internet.

However, there are also special information and compliance rules. 

The new Digital Services Act DDG (which was enacted against the background of the European Digital Service Act) replaces the Telemedia Act (TMG) with regard to the provider identification or imprint obligation. Providers must provide extensive information regarding their own company or, for example, details of supervisory authorities etc.

Registering a domain is more of a technical process. Many people are not aware that even this or the creation of a website can have trademark implications.

The operator of a website is generally responsible for all content (own and third-party content). Website operators should protect themselves as well as possible with regard to liability for interference alone.

In addition to the above-mentioned imprint obligation, a website operator has extensive further information obligations . These relate primarily to online commerce. Consumers must be informed comprehensively about their rights, in particular their right of withdrawal, and products and services must be described in a meaningful way. Advertising and its statements must be transparent. You can find out more about this in the sections on general terms and conditions and marketing

For larger providers, the issue of platform regulation in particular can play a role. It should be noted here. That you can already be considered a platform provider with a blog.

These are just some of the special features you need to consider if your website or business model is related to Germany or Europe. Get in touch with us.

Artificial intelligence is the buzzword of the moment. Future business models seem to necessarily go hand in hand with artificial intelligence; if the augurs are to be believed, existing models will have to incorporate it in order to survive. Regulations apply via the so-called AI Act with regard to which AI applications are permitted at all and which duties of care exist. Other issues include copyright and trademark rights in relation to the creation of new works and what AI applications may legally use. As a rule of thumb, where human intellect is required, the machine cannot replace it. AI is never allowed to do more than other legal entities. It certainly makes sense to take a look at data protection regulations in the case of mass data processing. Talk to us about your individual case.

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The brand of a product or company is an essential part of its success story. Important considerations must be made for both existing foreign brands and new brands.

Is my trademark suitable for trademark protection? Can I protect the trademark at all and who can register the trademark? Do I want to register a word or figurative mark or a combined mark? Do I want protection in Germany or in Europe? What is the procedure and what costs will I incur? When is the trademark protected and how long is it valid?

Get in touch with us

Marketing activities are the essence of establishing a new business model in a market. However, in the digital sector in particular, there are a number of special features that need to be considered, especially with regard to the manner of communication and the transparency of advertising messages. Among other things, the following are relevant

• Price Indication Ordinance
• Therapeutic products advertising law
• Competition law/unfair competition
• Influencer
• Social Media

Further details will follow here.

Talk to us about your communication content and its distribution.

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Choice of law and jurisdiction clauses determine which law is applicable and where this is decided. If necessary, an arbitration clause (possibly as a compromise) should be considered. However, such clauses are not always a comprehensive remedy for all legal stumbling blocks. Some rules, particularly those relating to consumer or employee protection, are non-negotiable and therefore not negotiable.

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Marketability means that products can participate in legal or commercial transactions, i.e. that they fulfill the legal requirements for this. These issues are particularly relevant for health products and foodstuffs. Cosmetics are also subject to stringent requirements before they can even be offered in the B2C sector.

Additional explanations follow here. Please also read the information on trade law. Please contact us if you have any questions.

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• GTC

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