Labor law governs the legal relationship between an employer and its employees. When employment relationships are established in Germany, the provisions of labor law designed to protect employees are mandatory. Contracts intended to circumvent these provisions are void or, under certain circumstances, may constitute so-called “bogus self-employment”

. In this context, numerous provisions must be observed—from the hiring of employees and the proper drafting of contracts to written warnings, termination, and employment references. The same applies to maternity leave, part-time work, and vacation entitlement. It is particularly important to note that, depending on the specific circumstances, special formal requirements or statutory deadlines may apply, or different regulations may apply depending on the type of business.

Depending on the industry, specific regulatory requirements and compliance rules may apply. A compilation of industry-specific guidelines and advice on implementing compliance management systems could be helpful in this regard.

Data protection is a very sensitive issue in Germany and becomes relevant whenever so-called personal data is involved or processed. The primary legal framework is provided by the European GDPR.

More details will follow shortly. Please contact us if you have any questions.

Money laundering and terrorist financing are issues of enormous importance in Germany and the EU; the first EU directive was issued as early as 1991, and the most recent EU directive was adopted.

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

Companies that receive payments, particularly when these involve cross-border transfers, should inquire whether they are subject to any registration or reporting requirements.

Commercial Law is part of economic administrative law. Commercial law guarantees and limits the freedom of trade.

As the central law of administrative commercial law, the Trade Regulation Act (GewO) establishes a regulatory framework for all commercial activities. In addition to the requirement to register a commercial activity, there are many other special statutory provisions, such as those concerning

• Jewelry Retail
• Cosmetics
• Electrical appliances
• Product Safety, Packaging Registration, LUCID
• Medical Devices
• Food/Dietary Supplements
• Toys

More detailed information on this will follow. If any of these keywords apply to your intended activity, please contact us.

Choosing the right legal structure is crucial for startups, as it affects both liability issues and tax obligations. A detailed overview of the advantages and disadvantages of various legal structures—such as a GmbH, UG, or GbR—could help founders make an informed decision.

The term “Internet law” is actually misleading, since there is no distinct area of law or separate, codified body of Internet law.

The Internet enables the transfer of digital data (including very large amounts). This exchange of data facilitates, for example, communication, which in turn enables, for example, the conclusion of legal transactions (such as service contracts, the performance of which may, under certain circumstances, be provided directly over the Internet—such as the download of data for music or video use—but may also be provided offline).

This means that, in principle, matters of daily life that also pertain to the Internet are governed by general laws. However, in some cases, those laws may contain specific provisions that apply only to the Internet.

In addition, however, there are also specific information and compliance rules. 

The new Digital Services Act (DDG)—which was enacted in light of the European Digital Services Act—replaces the Telemedia Act (TMG) with regard to provider identification and legal notice requirements. Providers must provide extensive information about their own companies, as well as details regarding regulatory authorities, etc.

Registering a domain name is more of a technical process. Many people are unaware that even this—or the creation of a website—can have implications under trademark law.

The operator of a website is generally responsible for all content (both its own and that of third parties). Even when it comes to liability for facilitating infringement alone, website operators should take every possible precaution to protect themselves.

In addition to the legal notice requirement mentioned above , website operators have a wide range of other disclosure obligations. These primarily concern what is known as online commerce. Consumers must be fully informed of their rights, particularly their right of withdrawal, and products and services must be described in a meaningful way. Advertising and its claims must be transparent. You can find more information on this, particularly in the sections on Terms and Conditions and Marketing.

For larger providers, the issue of platform regulation can be particularly significant. It is important to note here that even a blog can qualify as a platform provider.

These are just a few of the specific considerations you need to keep in mind if your website or business model is related to Germany or Europe. Please contact us.

Artificial intelligence is the buzzword of the moment. Future business models seem to go hand in hand with artificial intelligence; if the experts are to be believed, existing models will have to incorporate it in order to survive. The so-called AI Act sets forth regulations regarding which AI applications are permitted and what due diligence obligations apply. Other key topics include, above all, copyright and trademark rights in relation to the creation of new works and what AI applications are legally permitted to use. As a rule of thumb, where human intellect is required, a machine cannot replace it. AI may never have more rights than other legal entities. Certainly, when it comes to mass data processing, it makes sense to consider data protection regulations. Please contact us regarding your specific case.

The Supply Chain Due Diligence Act (LkSG) requires companies to comply with human rights and environmental standards throughout their supply chain. The law may be relevant for companies with international suppliers. A legally sound risk analysis, preventive measures, and transparent reporting are essential for compliance and reputation.

A product’s or company’s brand 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 even protect the trademark, and who is eligible to register it? Do I want to register a word mark, a design mark, or a combined mark? Do I intend to seek protection in Germany or in Europe? What is the procedure, and what costs will I incur? When does the trademark become protected, and how long is it valid?

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Marketing activities are essential for establishing a new business model in a market. However, particularly in the digital sphere, there are certain specific considerations to keep in mind, especially regarding the nature of communication and the transparency of advertising messages. Among other things, the following are relevant:

• Price Disclosure Regulation
• Law Governing the Advertising of Medicines
• Competition Law / Unfair Competition
• Influencer
• Social Media

More details will follow here.

Please contact us regarding your communication content and its distribution.

A Memorandum of Understanding (MOU) sets forth the parties’ intentions during early-stage cooperation or investment negotiations. A Non-Disclosure Agreement (NDA) protects trade secrets from unauthorized disclosure. Both documents are essential not only for startups operating professionally. The NDA, in particular, can be crucial for protecting trade secrets in conjunction with the Trade Secrets Act.

Companies—and startups in particular—should protect their technical inventions with patents; this not only increases the company’s value but also provides legal certainty against competitors. National, European (EPO), and international (PCT) patent applications should be planned strategically.

Startups and any companies that develop physical products are liable for damages resulting from product defects. A thorough product liability strategy includes CE marking, quality controls, and a contingency plan for product recalls. Importers are also liable—not just manufacturers. What matters is whothe “placer on the market” is—that is, the natural or legal person who first places a product on the market for commercial purposes, such as distribution, consumption, or use. This means the person or company that first supplies the product to other market participants, such as retailers or end consumers. 

Choice-of-law and jurisdiction clauses determine which law applies and where disputes will be resolved. If necessary, an arbitration clause (possibly as a compromise) should be considered. However, such clauses are not always a comprehensive solution to all legal obstacles. Some rules, particularly those concerning consumer or employee protection, are non-negotiable and therefore cannot be waived.

Designs, software, photos, videos, and text are automatically protected by copyright —but without clear contracts, the rights often remain with the creators. Startups should ensure they have watertight assignment agreements, especially when working with freelancers or service providers. With regard to the finished work, it is particularly important to note that copyrights held by multiple creators may need to be licensed. Especially in the case of international use or distribution, it is important to note that a national license does not necessarily grant the right to cross-border exploitation.

Marketability means that products can be placed on the market; in other words, they meet the legal requirements for doing so. These issues are particularly relevant in the fields of health products and food. Cosmetics must also meet strict requirements before they can even be offered in the B2C sector.

Additional information will follow here. Please also refer to the section on commercial law. Please contact us if you have any questions.

Drafting and reviewing contracts, as well as formulating legally sound terms and conditions, are essential for business operations. A guide to the most important types of contracts and tips on drafting terms and conditions could help startups avoid legal pitfalls.

Startups in the media, advertising, or content creation sectors should familiarize themselves with collecting societies (e.g., GEMA, VG Wort) and the KSK. Anyone who regularly commissions freelance artists—for example, for music, graphic design, or advertising—must pay into the Artists’ Social Insurance Fund (KSK). Startups are also required to settle accounts with collecting societies such as GEMA or VG Wort. Failure to do so can quickly result in back payments.

To avoid unfair competition and prevent legal consequences, startups should be familiar with the basics of German competition law. An introduction to this topic, along with information on common violations, could serve as a preventive measure.

Anyone who imports products from non-EU countries must deal with customs duties, EORI numbers, import sales tax, and product labeling. Intra-EU acquisitions are also subject to legal requirements. Incorrect customs declarations can result in fines and delivery suspensions.