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Technology- & IT-Law

Open source software in German law

Open source software (OSS) has long been the backbone of modern software development and digital infrastructure. Companies, start-ups and public authorities naturally build on frameworks, libraries and system components whose source code is publicly accessible. However, this technical freedom is accompanied by a legal responsibility that is often underestimated. Anyone who uses open source – whether for internal development or in commercial products – enters a complex field of copyright, licensing law and contract design.

The following is an overview of the most important legal aspects of open source software in Germany – with the aim of giving decision-makers and developers guidance and avoiding typical risks. I have been writing on this topic myself for decades.

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Criminal Defense

Tobacco tax and shisha tobacco in Germany: Criminal law risks for retailers and bars

Tobacco tax and shisha tobacco in German criminal tax law: The increasing popularity of shisha bars and water pipe tobacco has not only stimulated the market, but has also aroused the interest of the customs administration. With the introduction of the Tobacco Tax Modernization Act and stricter tobacco tax regulations, the industry is facing considerable challenges.

In particular, the German tax liability when mixing tobacco components and the strict packaging regulations pose considerable criminal law risks for retailers and consumers. In this article, we highlight the legal pitfalls and the risk of criminal tax proceedings in connection with waterpipe tobacco.

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Technology- & IT-Law

3D Printing on the Moon: Opportunities, Risks, and the Threat of Cyberattacks

The vision of using 3D printers on the Moon has gained significant momentum in recent years. What seemed like a chapter from a science fiction novel not long ago is now coming within reach. Advances in additive manufacturing and successful tests of this technology in space reveal the immense potential that 3D printing holds for space exploration. However, where there are opportunities, there are also threats—especially in the realm of cybersecurity. Protecting sensitive print data and ensuring the integrity of the printing processes are crucial to realizing the vision of an autonomous Moon base supported by 3D printing.

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Categories
Labour law

Legality of operational termination when a job is eliminated by a business decision

On January 15, 2025, the Regional Labor Court (Landesarbeitsgericht, LAG) of Mecklenburg-Vorpommern issued an important ruling on the legality of redundancy (Az. 3 SLa 156/24). The central question was whether the elimination of a major contract could justify the dismissal of a long-serving employee, particularly in light of the legal requirements under § 1 (2) and (3) of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG). The court affirmed this and ruled that the dismissal was lawful. This decision is noteworthy not only for its detailed analysis of economic reasons for dismissal but also for clarifying the limits of entrepreneurial freedom and the requirements for social selection.

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Criminal Defense

The Power of Attorney for Service in German Criminal Procedure – Risks and Special Caution for Foreigners

The power of attorney for service plays an important role in German criminal procedure as it allows documents to be served not directly to the defendant but to a person designated by them. This is intended to speed up and simplify the procedure but also carries significant risks.

Especially for foreigners, who often lack knowledge of the legal consequences and make hasty decisions when appointing the agent, this can have fatal outcomes. In this article, I will discuss the legal basis of the power of attorney for service, its risks, and the specific issues for foreign defendants. I will also provide concrete practical recommendations.

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Technology- & IT-Law

Freedom of expression in Germany

Freedom of expression is a cornerstone of democracy and is enshrined in Article 5 of the German Basic Law. It guarantees everyone the right to freely express and disseminate their opinions in speech, writing and images. At the same time, it includes freedom of information, freedom of the press and freedom of reporting through radio and film. However, this fundamental right is not absolute – it is limited by general laws, the protection of minors and the protection of personal honor. The balance between freedom and protection is essential for social coexistence and the rule of law.

As a lawyer, I would like to explain to interested foreign readers what freedom of expression in Germany is all about, especially after the shocking and in some cases embarrassing speech by the US Vice President JD Vance in Munich 2025.

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Criminal Defense

Terrorist Financing: A Legal Tightrope Between Security and Freedom

The financing of terrorist activities is a crucial component of global security threats. Funds for such activities can originate from both legal and illegal sources, often disguised as seemingly legitimate transactions. Governments and international organizations have created an increasingly complex regulatory framework to effectively combat terrorist financing. However, as with any criminal law regulation, this endeavor presents significant legal challenges.

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Criminal Defense Technology- & IT-Law

BiotechCrime: Biotechnology and biohacking as a criminal offense

Biotechnology ranges from traditional genetic engineering to the development of personalized medicine and synthetic biology, which modifies biological systems using a modular principle. Thanks to CRISPR-Cas9, DNA can be edited in a targeted manner, while biotechnological processes are increasingly being used in industrial production – whether for the manufacture of medicines, artificial organisms or even drugs. But where innovations sprout, there are also legal and ethical pitfalls.

Biotechnology not only opens up unimagined medical and economic opportunities, but also harbors considerable risks, particularly in the area of crime. I summarize this new dimension of criminally relevant offences under the keyword “BiotechCrime “.

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Criminal Defense

European arrest warrant: Support in Germany

Your lawyer in Germany if you are affected by a European arrest warrant: The European Union has set itself the goal of creating a constitutional foundation that facilitates the smooth exchange and cooperation between its member states.

An outstanding example of this integration process is the European Arrest Warrant (EAW), which has revolutionized the extradition procedure between EU member states. Since its introduction in 2002, it has served as a key instrument in combating cross-border crime and ensuring effective prosecution. But what exactly is the European arrest warrant, how does it work, and how do you defend yourself as a victim in Germany?

Your criminal defence lawyer in Germany: Our law firm specializes in criminal defence in Germany and offers you lawyers available at short notice. Especially if someone has been arrested and is to be extradited from Germany – or is to be extradited to Germany, we are available for you immediately! We work seamlessly with colleagues abroad.

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Criminal Defense

Red Notice

What is a “Red Notice”: A “Red Notice” is a worldwide request, via Interpol, to national law enforcement authorities to locate and provisionally detain a person awaiting extradition, surrender or similar legal proceedings. Briefly described: A “Red Notice” is an international wanted notice, but not an arrest warrant.

Please note that we are criminal defense lawyers in Germany and can therefore only help if you are looking for support in Germany. If you are wanted in another country, you must find a local lawyer!

A Red Notice is therefore not an“international arrest warrant” and contains two main pieces of information for the search for persons:

  • Information to identify the wanted person, such as name, date of birth, nationality, hair and eye color, photos and fingerprints.
  • Information related to the crime for which this person is wanted – which, according to Interpol, is usually murder, rape, child abuse or armed robbery, not petty offenses.
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If you are wanted by Interpol, there is one rule: take action. Whether it’s a Red Notice or a Blue Notice, you should try to limit the damage. Take the situation seriously and don’t downplay it – if you are wanted by the authorities, you can’t be naive, not even when communicating with your lawyer! Careless use of cloud services, monitorable email addresses, or unsecure messengers can lead to access. We therefore pay close attention to cybersecurity, avoid using US cloud services, and offer fully encrypted communication. Our communication infrastructure is located in Europe, with high security standards and legal protection for attorney-client communication.

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