Catch-all clauses
Possible danger to trade secrets through the use of ineffective clauses in employment contracts Confidentiality in the employment relationship is of particular importance in the company. This includes production processes or product compositions as well as information about internal processes. Companies frequently resort to confidentiality clauses in employment contracts, which often turn out to be […]
Stricter rules for credit scoring
Following the Schufa ruling, the German government has introduced stricter rules for credit scoring. It is a system used by institutions to assess a person´s creditworthness. Among other things, data such as health information can no longer be evaluated when it comes to credit scoring. Reinforcing consumer rights New rules have been enacted to protect […]
Caution when doing business with a UG (haftungsbeschränkt)
Many Polish enterprises are unaware of the certain risks involved in doing business with an Unternehmergesellschaft, shortened to UG (haftungsbeschränkt). This can have serious consequences for suppliers, contractors or other contractual partners of the Unternehmergesellschaft, as in many cases the Unternehmergesellschaft companies do not have sufficient creditworthiness. What is the Unternehmergesellschaft? The Unternehmergesellschaft is a […]
German courts impose penalties for breaches of the information obligations of employees and applicants. What do employers now have to consider with regard to the GDPR?
The Duisburg Labour Court and the Baden-Württemberg Labour Court have already imposed fines of 750 and 2,5000 euros respectively for breaches of employers’ obligations to provide information to former employees and applicants in accordance with Art. 82 I GDPR. A breach is deemed to have occurred if a person suffers a loss of control over […]
Why can a German insolvency administrator claim payments from creditors?
If a company or individual with its registered office in Germany falls into financial difficulties, insolvency proceedings are opened in Germany at the request of the debtor or a creditor. The aim of insolvency proceedings is to enable all creditors to be satisfied equally from the debtor’s assets. To this end, the insolvency administrator has […]
Temporary workers can be paid less
The Federal Labor Court has ruled that temporary workers do not have to earn the same wages as permanent employees for the same work. Financial compensation is not required if a collective agreement is applied. According to a recent decision of the German Federal Labour Court (Bundesarbeitsgericht – BAG) (judgement of 31 May 2003, case […]
Protection against poaching of workers in Germany by contractual partners
Due to the shortage of skilled workers in Germany, the know-how of skilled workers and top performers is of crucial importance for the success of a company on the market.
German Supply Chain Due Diligence Act: Impact on subsidiaries of foreign companies and foreign suppliers
The Act on Corporate Due Dilligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz) came into force on Jan. 1, 2023, and requires German companies to conduct appropriate human rights and environmental due diligence in their supply chains. The law applies to companies with at least 3,000 employees from January 1, 2023. From January 1, 2024, companies with […]
Cancellations of contracts concluded online. The new „two-click” cancellation button since 1st of July
The ease with which shopping online comes to us does not always mean the same trouble-free issue when it comes to cancelling a purchased service. German lawmakers have decided to meet consumers’ expectations and streamline the online cancellation process. The introduction of a provision for the termination of consumer contracts in § 312 k BGB […]
Attorney Adriana Grau, LL.M. in interview with Rzeczpospolita about MAUT returns
Attorney Adriana Grau, LL.M. in another interview with the polish national daily Rzeczpospolita, indicates why it is worth filing toll refunds and what the possible amounts of refunds may be. In response to questions from Rzeczpospolita, a nationwide polish daily, attorney Adriana Grau, LL.M., gives examples of toll refund calculations and indicates why it is […]
