Categories
Criminal Defense Technology- & IT-Law

Geographical Indications: An Underestimated Issue in the World of Intellectual Property

Geographical indications are more than just a geographical label – they represent quality, tradition, and the cultural value of a product. Whether it’s Parma ham, Champagne, or Murano glass, products with protected geographical indications (GIs) hold significant meaning for consumers and producers alike. But what happens when these labels are misused or counterfeited? Such cases are not only violations of intellectual property rights but also harm consumer trust and the reputation of entire regions.

Categories
Criminal Defense Liability of the management

Insolvency Delay: A Guide for Management in Germany

Insolvency delay is often underestimated in corporate management but can have significant legal and economic consequences. This article provides a comprehensive overview of the relevant legal aspects of insolvency delay, explains its background, and outlines how management can avoid liability risks.

Categories
Technology- & IT-Law

Navigating German Contract Law: Understanding AGB, Individual Agreements, and Key Challenges for Business Managers

Contracts are the backbone of any business transaction, and understanding the nuances of contract law in different jurisdictions is crucial. In Germany, the distinction between General Terms and Conditions (“Allgemeine Geschäftsbedingungen” or AGB) and individually negotiated agreements is a key consideration that can significantly impact the enforceability of contractual clauses. For international business leaders engaging with German contracts, this guide provides a comprehensive overview of the critical issues to watch out for.

Categories
Criminal Defense Labour law

Corporate Criminal Law in Germany: Supervisory Board Liability

Supervisory Board Liability: The liability of supervisory board members is a multifaceted topic affecting both companies and their governing bodies. A deep understanding of the legal framework and practical consequences is essential for both management and the supervisory board.

In the following, I would like to briefly address the tasks of the supervisory board, the legal framework, and various aspects of liability arising from work within a supervisory board. My experience defending supervisory board members—particularly in municipal corporations—has shown that this is often where deficiencies lie.

Categories
Criminal Defense Labour law

False Self-Employment in Germany: A Guide for Management

The issue of false self-employment poses significant legal, financial, and criminal challenges for companies. Particularly in the context of project-based activities, the use of external service providers, or agile working methods such as Scrum, misclassifications can have fatal consequences. This article is aimed at management and provides a practical explanation of the legal framework, risks, and strategies to avoid false self-employment.

Categories
Technology- & IT-Law

Artificial Intelligence and Contract Law in Germany

The integration of Artificial Intelligence (AI) is one of the driving forces of digital transformation, opening new horizons for businesses. However, alongside technological and economic considerations, legal aspects play a central role. This article highlights the most important contractual challenges and provides practical insights for software developers and management.

Categories
Liability of the management Technology- & IT-Law

Competition Law and the Obligation to Take Back Old Electronic Devices in Germany

In its ruling from July 23, 2024 (Case No. 84 O 124/23), the District Court of Cologne addressed the legal obligation of retailers to accept old electronic devices under specific conditions free of charge. The court focused on the take-back obligation under the German Electrical and Electronic Equipment Act (ElektroG) and whether a retailer’s refusal to accept old electronic devices constituted a violation of these statutory requirements.

Categories
Technology- & IT-Law

Contract for the subsequent installation of a delivered battery storage unit is generally classified as a purchase agreement with an installation obligation

In the judgment of the Saarland Higher Regional Court of Saarbrücken (Case No. 2 U 75/23), the court ruled that a contract for the subsequent installation of a delivered battery storage unit is generally classified as a purchase agreement with an installation obligation, rather than a contract for work. This distinction significantly impacts the rights and obligations of the contracting parties as well as the statute of limitations for warranty claims.

Categories
Liability of the management Technology- & IT-Law

Warning letters possible in Germany: Data protection violations can be prosecuted by competitors

The European Court of Justice (ECJ) recently issued a ruling (judgment of October 4, 2024) stating that the General Data Protection Regulation (GDPR) does not provide an exhaustive list of who may pursue data protection violations. This decision has significant implications for competitors who seek to address GDPR breaches.

Categories
Criminal Defense Technology- & IT-Law

Legal Consultation for Russian Individuals Allowed in the EU

In response to Russia’s war of aggression against Ukraine, the European Union has imposed a series of sanctions targeting various sectors, including legal services. These sanctions generally prohibit EU lawyers from providing legal services to the Russian government and to legal entities, organizations, or institutions based in Russia. This ban particularly affects advice on commercial and civil law matters that are not connected to legal proceedings. However, there are important exceptions, particularly when it comes to safeguarding fundamental rights.

In recent rulings by the General Court of the European Union (GC, T‑797/22, T‑798/22, and T‑828/22), it was clarified that these sanctions do not restrict the right of Russian individuals to seek legal counsel. The court determined that Russian citizens involved in current or anticipated legal disputes retain the right to seek representation and legal advice from EU lawyers. This right is protected by Article 47 of the Charter of Fundamental Rights of the European Union (Charter), which guarantees access to courts and effective legal protection.