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Act on the Modernization of Product Liability Law

On September 11, 2025, the Federal Ministry of Justice (BMJV) published a draft bill to reform product liability law.

Cybersecurity as the key to energy resilience

The draft of the NIS-2 Implementation and Cybersecurity Strengthening Act (NIS2UmsuCG) introduced by the German government will be discussed in the Bundestag tomorrow.

A little more clarity in the application of telecommunications secrecy

According to the Federal Network Agency, telecommunications secrecy no longer applies to employers when employees use company email accounts privately.

No continued payment of remuneration due to tattoo complications

Employees are not entitled to continued remuneration after a tattoo if they are unable to work due to complications such as inflammation.

Evaluation of the Whistleblower Protection Act

Your experience is needed: take part in an online evaluation of the Whistleblower Protection Act.

Amendment of the Supply Chain Due Diligence Act

On September 3, 2025, the Federal Cabinet adopted an amendment to the Supply Chain Due Diligence Act (LkSG). The reporting obligation will be deleted without replacement and the list of sanctions reduced.

Contract for work or contract of sale?

The Higher Regional Court of Brandenburg decides on the classification of a contract for the construction of a photovoltaic system, reference decision of 06.06.2025 - 10 U 27/25 and decision of 10.07.2025 - 10 U 27/25.

Breach of contract liability for trademark infringements

A company that provides an address for shipping goods & returns address for business contacts outside the EU is liable as a disturber for trademark infringement.

No compensation for purely hypothetical risk of misuse

If there is only a purely hypothetical risk that personal data will be misused by unauthorized third parties, this does not lead to a claim for damages under the GDPR.

Federal government adopts draft law to accelerate public procurement

This reform of public procurement law, which was developed by the BMWE, implements extensive measures to simplify, accelerate and digitalize public procurement law.

No copyright levy for cloud users

In a recently published decision, the Federal Court of Justice ruled that cloud services do not have to pay a copyright levy for private copies stored in the cloud.

Further parts of the AI Act now applicable

Since August 2, 2025, the provisions on general-purpose AI models and sanctions of the AI Act, among others, have been applicable. In this article, we explain what this means for companies.

On the consequences of a warning letter in the case of a subsequently revoked patent

The court decision primarily concerns the question of whether a patent proprietor is liable for the economic consequences of a warning letter if the underlying patent is not valid.

Case law: OLG Schleswig-Holstein, Urt. v. 17.01.2025 - 1 U 37/24

The Higher Regional Court of Schleswig-Holstein decides on the admissibility of long contract terms in commercial transactions under general terms and conditions law.

EUGH specifies requirements for exclusive distribution

Errors in the allocation of exclusive distribution territories can jeopardize the exemption of exclusive distribution, the ECJ has ruled. Companies should review their distribution agreements.

Telephone advertising without (presumed) consent inadmissible

The use of publicly accessible telephone numbers for advertising purposes does not fall under the GDPR's authorization to safeguard legitimate interests unless the advertiser has at least presumed consent within the meaning of Section 7 UWG.

Trademark application in bad faith

The Federal Patent Court recently dealt with the issue of a trademark application in bad faith and its relationship to a so-called functionally invalid application.

Fine for No-poaching Agreement

No-poaching agreements have been in the sights of antitrust authorities for some time. Now the European Commission has imposed severe fines for the first time.

Free flow of personal data with the UK extended

The adequacy decisions with the United Kingdom have been extended by the EU Commission for a further six months.

Probationary period passed! On second thoughts, no!

A probationary period termination can be classified as contrary to good faith due to contradictory behavior if the takeover was previously promised.

Regulation on compulsory Union licenses

As part of the latest trilogue negotiations, the Council of Ministers and the European Parliament have reached a provisional agreement on the Regulation on compulsory Union licenses for crisis management.

On the place of jurisdiction for online publications

Even after the reform of the Unfair Competition Act (UWG), the so-called "flying jurisdiction" for infringements in the online sector remains permissible in principle. The only exception is if there is a risk of abusive, mass action.

Omnibus Package IV to ease data protection obligations

On 21 May 2025, the EU Commission presented a fourth omnibus package to reduce the annual administrative costs for companies. It also provides for simplifications in the implementation of data protection for certain companies.

Review of the FRAND conditions in the event of a breach of an SEP

In its judgment of March 20, 2025 (case no. 6 U 3824/22), the Munich Higher Regional Court (OLG) commented on the FRAND objection for the first time in the context of main proceedings.

AI competence in companies

In a FAQ, the EU Commission has clarified what the AI Regulation (AI Act) means by AI competence and what obligations apply to the operators of AI systems.

Exclusion from works council due to data protection breach

Forwarding of personal employee data by works council member via private email account justifies exclusion from works council

GDPR violation according to works agreement

Compensation after loss of control of data

Unauthorized publication of health data

Disclosure of health data by employers can lead to compensation.

PFAS: Indispensable for processes in refrigeration and heat pump technology

The EU's regulatory approach to perfluorinated and polyfluorinated alkyl compounds (PFAS) is jeopardizing entire production processes in mechanical and plant engineering - including in ventilation technology. A recent publication provides detailed knowledge for the industry.

VDMA Building Technology calls for a fresh start in new construction and refurbishment

With its new position paper, VDMA Building Technology appeals to politicians to set the right course for a sustainable and competitive turnaround in construction and modernization.

Fire protection and smoke extraction: New findings

Better protection for people in the event of a fire - modern technology in buildings, such as smoke extraction systems, can help. At a symposium, the VDMA General Ventilation Technology Association presented new findings on securing buildings in the event of a fire.

Revocation of an EU figurative mark

The General Court of the European Union recently dealt with a case concerning the partial revocation of an EU figurative mark (General Court, judgment of 22.01.2025, Ref. T-517/23).

Clarity at last for the approval of electrolysis plants in Germany

The amendment to the German Federal Emission Protection Ordinance (4th BImSchV) by the German legislator brings clarity and relief both for the placing on the market of smaller electrolysers below 5 MW and for large-scale plants.

The BGH makes it easier to issue warnings for data protection violations

The BGH has confirmed that data protection violations can be prosecuted not only by the data subjects themselves, but also by competitors and consumer associations.

Non-material damages due to data protection breach

The BAG specifies the requirements for non-material claims for damages under Art. 82 para. 1 GDPR.

EU-US Data Privacy Framework

The current EU-US Data Privacy Framework constitutes a legal basis for the transfer of personal data to the USA. How do current political developments affect this data transfer instrument?

Introduction of the Stiftungsregister in 2026

The reform of foundation law, which came into force on 1 July 2023, has redefined foundation law in a nationwide manner. Part of this regulation is the introduction of the central, publicly accessible register of foundations with publicity effect.

Exclusion of bidders from third countries possible

To admit or not to admit bidders from third countries? The contracting authority may decide.

More comprehensive protection of trade secrets through Section 273a ZPO

Section 273a of the German Code of Civil Procedure (ZPO), which was introduced on April 1, 2025, provides extended protection for owners of trade secrets.

2nd edition of the VDMA FAQ on the AI Act available

The AI Act entered into force 2 August 2024. A VDMA FAQ document was prepared together with the law firm FPS to provide non-binding guidance, now available as 2nd edition.

Misleading through automatic e-mail replies

Automatic email responses can justify a warning under unfair competition law.

ECJ ruling on works agreements

Company agreements must be fully GDPR-compliant.

New start for new construction and refurbishment - politicians have a duty

With its new position paper, VDMA Building Technology appeals to politicians to set the course for a sustainable and competitive turnaround in construction and modernization.

Draft bill for the German national Data Act Implementation Act

The draft bill for the German national Data Act Implementation Act was published at the beginning of February. To effectively implement the Data Act the draft bill needs to be adopted rather sooner than later.

BGH decides on the validity of an arbitration agreement

The BGH decides on the question of whether arbitration proceedings are inadmissible if there is a risk that the arbitral tribunal will apply an ineffective contractual penalty provision.

An invoice can also be a commercial letter of confirmation

In its final judgment of 08.01.2025 - 7 U 1776/23 - the Higher Regional Court of Munich deals in passing with the commercial letter of confirmation and confirms the established case law.

Decision of the Austrian Supreme Court on trade secret protection

The Austrian Supreme Court issued a decision on the protection of trade secrets against former employees. Accordingly, the owner of a trade secret must protect it appropriately from a former employee.

Supply Chain Act

In this session of the event series "With new knowledge into the year 2025", VDMA Power Systems will shed light on the topic of the CS3D supply chain law.

Pay slips as an electronic document

Pay slips may only be provided online

focus Recht brochure "Dismissal for operational reasons"

Assistance from the VDMA legal department on dismissals for operational reasons

Loan from a third party is equivalent to a shareholder loan (BGH)

The Federal Court of Justice (BGH) has ruled that a third-party loan can be classified as a subordinated shareholder loan, even if the general partner GmbH does not hold a share in the capital of the GmbH & Co. KG receiving the loan.

No digital access right of a trade union to the company

By denying a trade union the right of digital access to the company, the BAG sets limits to the institutional freedom of association.

Opinion on the requirements for awarding public contracts

Your opinion is needed: How do public procurement rules work in Europe?

No protected market access for bidders from third countries

The ECJ has denied protected access for economic operators from third countries that are not part of the GPA or a similar agreement.

Obligation as SEP holder to FRAND offer

The Mannheim Regional Court has issued the first decision of the Unified Patent Court (UPC) regarding FRAND (Fair, Reasonable, and Non-Discriminatory) (UPC, Local Chamber Mannheim, judgment of 22.11.2024, UPC_CFI_210/2023 - Panasonic/OPPO).

Extension of the quasi-manufacturer concept

Suppliers beware. According to the ECJ, a (quasi-)manufacturer is not only someone who produces a product, but also someone who sells it under the same name and logo as the manufacturer.

Jurisdiction of the UPC possible despite prior national action

Two judgments published at the end of 2024 could contribute to more cases being heard before the Unified Patent Court (UPC) in future.

German Accessibility Strengthening Act and the engineering sector

From June 2025, new accessibility requirements will be imposed on products and services in accordance with the German Accessibility Strengthening Act. But is the law also relevant for mechanical and plant engineering?

New product liability directive published in the Official Journal

The new EU Product Liability Directive was published in the EU Official Journal on 18.11.2024, enters into force on the twentieth day after its publication and must be transposed into national law by 09.12.2026.

Liability for incorrect information provided by AI

A business service is fully liable for incorrect information about companies generated by AI if an error-prone system is deliberately used and responsibility for the content is assumed.

Draft law on building type E

Simplify construction processes, but never compromise on standards

On the calculation of damages for patent infringement

The decision of the Federal Court of Justice (BGH) of May 7, 2024 (case reference: X ZR 104/22) deals with the question of how to calculate damages for patent infringements committed in patent-free foreign countries.

BMAS dialog series on fair supply chains

Companies have the opportunity to participate in a BMAS dialog series on fair supply chains. The kick-off event will take place on November 11, 2024 in Berlin.

Fourth Bureaucracy Relief Act (BEG IV)

Shortening of retention periods for accounting documents.

Ruling on training AI with copyrighted works

The question of whether copyright-protected works may be used for AI training purposes is becoming increasingly important. The Hamburg Regional Court has now issued its first ruling on the use of images by an AI provider.

Tension between GDPR and commercial law

The ECJ has ruled in a preliminary ruling procedure on the conflict between the General Data Protection Regulation (GDPR) and commercial law, restricting shareholders' right to information.

Cyber Resilience Act (CRA)

Impact on mechanical and plant engineering in conjunction with electrical automation

"Googling" triggers information obligations

"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.

Unauthorized charging of a hybrid vehicle

Charging a hybrid vehicle without permission can have consequences under employment law.

Strict liability standard for data protection compliance in companies

The Berlin Court of Appeal has ruled in a case that companies are liable per se in the area of GDPR violations. An administrative order imposing a fine does not have to specify the natural person who may have been responsible for a breach of duty.

VDMA FAQ on the EU Data Regulation (third edition) available

The EU Data Regulation came into force on January 11, 2024. A VDMA FAQ document has been compiled and updated to provide non-binding guidance.

Whistleblower Protection Act - important deadlines

Action is required for all companies with at least 50 employees

On the draft of a German energy efficiency law

On April 18, 2023, the German cabinet presented a draft law to increase energy efficiency and amend the Energy Services Act. An overview of the current status.

Working time must be recorded with immediate effect

A bombshell from Erfurt: according to the Federal Labor Court, employers are obliged to record their employees' working hours.

Packaging: Laws & regulations at a glance

Finding your way through the legal jungle for packaging: Here you will find all relevant information on laws and regulations at European and national level.

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