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An EGC ruling provides an interesting insight into the Commission’s novel methods of investigating listed companies and public antitrust infringements.
The UK Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) contains a new criminal offense "Failure to Prevent Fraud", which may also be relevant for companies based in Germany.
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.
The VDMA welcomes the EU Commission's plan to strengthen the data economy. However, any measures must remain voluntary and must not lead to forced data exchange and further bureaucratic burdens.
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.
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.
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.
In the third consultation meeting on the minimum wage adjustment on June 27, 2025, the Minimum Wage Commission unanimously passed a resolution to increase the minimum wage on the basis of a mediation proposal by the chairwoman.
The adequacy decisions with the United Kingdom have been extended by the EU Commission for a further six months.
An updated version of the online edition of the laws that must be posted on June 1, 2025 has been published in the GDA Employers' Library.
Security and competitiveness will be two overarching priorities for the Danish Presidency, but it will also focus on the 28th regime and data.
From 10:00 a.m. to 3:00 p.m., the VDMA Legal Department will hold its third face-to-face workshop on US law with US attorney Manuel Schoenhuber, partner at Nelson Mullins, USA.
A probationary period termination can be classified as contrary to good faith due to contradictory behavior if the takeover was previously promised.
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.
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.
Women who suffer a miscarriage from the 13th week of pregnancy have been subject to maternity protection since June 1, 2025.
The EU-Commission has announced that it will withdraw the proposal for a Directive on AI liability. VDMA is calling on the EU-Commission to take the necessary steps.
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.
New VDMA Austria Working Group Export Control
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.
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.
Forwarding of personal employee data by works council member via private email account justifies exclusion from works council
The newly formed government wants to maintain the voluntary nature of military service. In addition, it plans to further strengthen the reserve and homeland security and to better anchor them structurally and socially.
Compensation after loss of control of data
Disclosure of health data by employers can lead to compensation.
The Federal Office of Economics and Export Control (BAFA) publishes a fact sheet on industry initiatives in the context of the Supply Chain Due Diligence Act (LkSG).
Legal requirements relating to environmental protection and the circular economy may be challenging to implement, but they are no exception to the ban on cartels.
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).
In the days leading up to Easter, there were a number of developments in the ESG area, from "Stop the Clock" to EUDR guidelines. We provide a brief overview and comment on the statements on the LkSG in the coalition agreement.
The German Federal Court of Justice keeps up its consistent line in decisions on company rights in relation to data protection in contrast to the ECJ, which restricted shareholders' right to information in September last year.
Are managing directors liable for cartel fines imposed on the company? The ECJ must now answer this question.
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.
The BAG specifies the requirements for non-material claims for damages under Art. 82 para. 1 GDPR.
No economic growth, an ageing society and rising expenditure and contributions: The challenges in labor market and social policy could hardly be greater.
On April 11, 2025, the 2025 garnishment exemption limits pursuant to Section 850c ZPO were published in the Federal Law Gazette.
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?
In economically challenging times, companies are often faced with the difficult task of optimizing their personnel costs.
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.
Assistance from the VDMA legal department on retention obligations and periods for commercial documents - new, updated 2025 edition
In economically difficult times, the VDMA supports its members with valuable information and personal advice. Together we will find the right course and strengthen the resilience of the companies.
To admit or not to admit bidders from third countries? The contracting authority may decide.
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.
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.
Automatic email responses can justify a warning under unfair competition law.
Company agreements must be fully GDPR-compliant.
The parties to the collective agreement in the M E industry in Baden-Württemberg have concluded a collective agreement that enables companies to lend employees to each other in order to avoid short-time working or redundancies.
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.
The VDMA has developed a guidance to provide non-binding orientation on the data sharing obligations under the EU Data Act.
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.
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.
Package to reduce the bureaucratic burden on companies in the area of sustainability also provides for adjustments to the Corporate Sustainability Due Diligence Directive.
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.
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.
On February 4, 2025, the EU Commission published guidelines to provide an overview of the AI systems that have been banned in the EU since this February.
Pay slips may only be provided online
The establishment of a European private company would make it easier for companies to set up companies in other EU Member States under simple conditions and thus benefiting from a harmonized set of rules.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) has commissioned a special study on the issue of father-friendliness in mechanical and plant engineering as part of the "Success Factor Family" corporate program.
Assistance from the VDMA legal department on dismissals for operational reasons
On January 30, 2025, the Bundestag passed amendments to maternity protection in the event of miscarriages (printed matter 20/14231). The changes will come into force on June 1, 2025.
In the event of an increasing lack of orders and a lack of capacity utilization, the instrument of short-time work combined with short-time work compensation is an option for companies and employees.
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.
By denying a trade union the right of digital access to the company, the BAG sets limits to the institutional freedom of association.
The VDMA is calling for reliable framework conditions for growth and competitiveness in Germany in 2025. Together we can master the challenges of the future. You can find the details in the economic policy positions for 2025.
Your opinion is needed: How do public procurement rules work in Europe?
The ECJ has denied protected access for economic operators from third countries that are not part of the GPA or a similar agreement.
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).
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.
Two judgments published at the end of 2024 could contribute to more cases being heard before the Unified Patent Court (UPC) in future.
On January 1, 2025 and over the course of the next year, a number of changes will be made to the labor market.
On December 18, 2024, the Federal Cabinet decided to extend the period of entitlement to short-time working allowance.
US Department of Justice publishes criteria for evaluating compliance programs.
Product safety is a valuable asset, especially when modern technology is involved.
The VDMA remains committed to reforming the German law on general terms and conditions. A reform of the GTC must also be the goal of legislative activities in the 2025 legislative period.
The postponement of the date of application of the Deforestation Regulation (EUDR) by one year to 30.12.2025 came into force on 22.12.2024. No other substantive changes were decided.
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?
The results of the VDMA-survey clearly show that there are still a lot of legal uncertainties regarding the implementation of the Data Act.
Current developments in labor law and new laws pose challenges for the mechanical and plant engineering industry - an overview of decisions and legal adjustments that are relevant in practice.
The Confederation of German Employers' Associations (BDA) has prepared an application paper on the provisions of the Artificial Intelligence Regulation (AI Regulation) that are relevant for employers.
NORDMETALL and the Bavarian Metal and Electrical Industry Association (vbm) reached a pilot agreement with the IG Metall districts on the coast and Bavaria on November 12, 2024.
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.
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.
VDMA and ZVEI present the current reform proposal for discussion as part of the "Frankfurt Initiative for the Further Development of the Law on General Terms and Conditions".
The OECD Business Group Anti-Corruption Committee (BIAC) is looking for examples of AI-driven anti-corruption efforts in business practice. If you are interested, you can submit your company example by November 20, 2024.
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.
Current VDMA survey: Only 30 percent of the companies surveyed are bound by collective agreements. Companies not bound by collective agreements see too little scope for company solutions and a lack of flexibility in collective agreements.
Representatives of VDMA met with Commission officials from DG GROW, CONNECT and JUST to discuss reducing bureaucracy for SMEs, late payments, the EU Data Act and liability.
Obligation to submit the LkSG report for the 2023 financial year is again extended to 31.12.2025 by the government draft of the CSRD Implementation Act in order to avoid double reporting obligations for companies under the LkSG and CSRD.
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.
Shortening of retention periods for accounting documents.
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.
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.
On September 26, 2024, the Bundestag passed the Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration (Fourth Bureaucracy Reduction Act, BEG IV) at its second and third readings.
Together with other business and employers' associations, the VDMA has sent a letter to Federal Minister of Labor Hubertus Heil in which they make it clear that they reject political intervention in the setting of the minimum wage.
The Responsible Ownership Foundation's initiative to create a new form of limited liability company with tied assets, which was already reported on here in 2021, recently presented its plans at an event in the Bundestag.
A shortening of the limitation period in general terms and conditions is ineffective when covering claims for intentional breach of contract, decides the Higher Regional Court of Munich
The Commission has published the Frequently Asked Questions (FAQs) on the EU Data Act to help companies implement the Data Act.
On November 14, 2024, the VDMA and the Corporate Learning Community are organizing a BarCamp on the topic of "Artificial Intelligence in the World of Work" in Frankfurt am Main.
Impact on mechanical and plant engineering in conjunction with electrical automation
In a decision, the Federal Court of Justice provides more detailed information on commercial notification of defects in accordance with Section 377 of the German Commercial Code (HGB).
According to the Federal Patent Court (BPatG), the interest in legal protection for a subsequent grant of a patent is based on the inventor's personality right.
The new European Parliament is in place. This is a good opportunity to actively draw the attention of the new Members of the European Parliament to the bureaucracy surrounding the posting of workers.
When it comes to issuing an operating permit (ABE or individual approval), the harmonized EU type approval law will generally apply to mechanical engineering from 1 November 2024.
The VDMA is conducting a survey among its member companies on the state of implementation of the EU Data Act.
Poland is the last EU member state to transpose Directive EU 2019/1937 (Whistleblower Directive) into national law.
"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.
Charging a hybrid vehicle without permission can have consequences under employment law.
Ensure the success of your construction site projects with clear service descriptions. In this executive workshop, our Certified International Senior Project Manager Ralf von Breitenbach will show you how to do this.
On 13.03.2024, the European Parliament gave the green light for the so-called AI Regulation. It is intended to ensure safety and respect for fundamental rights in the context of artificial intelligence and promote innovation.
The focus Recht brochure "The Working Hours Act (ArbZG) at a glance" has been updated and is now available in a new edition.
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.
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.
The tips for business success in the United States have been updated. The exclusive publication for VDMA members is now available in German and English.
Action is required for all companies with at least 50 employees
The VDMA handout on the implementation of the DSGVO has been revised. It is now available in a second edition in German and English exclusively for VDMA members.
The EU Data Act aims to put data traffic on a new footing, including between companies. This could shift the center of power in the economy. For industrial SMEs, this law is both an opportunity and a risk.