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Criminal Defense Liability of the management Technology- & IT-Law

Germany’s 2026 Nitrous Oxide Ban: What International Businesses Need to Know

Germany has closed a long‑criticised loophole by bringing nitrous oxide (“laughing gas”, N₂O), gamma‑butyrolactone (GBL) and 1,4‑butanediol (BDO) under its New Psychoactive Substances Act (Neue‑psychoaktive‑Stoffe‑Gesetz – NpSG). The amending act was promulgated on 12 January 2026 and will enter into force on 12 April 2026. The reform responds to rising recreational use of nitrous oxide and the misuse of GBL/BDO as so‑called “date‑rape drugs”, while trying to preserve recognised industrial, commercial and medical uses.

For companies that manufacture, trade or transport these substances into, within or through Germany, the new regime creates a complex mix of prohibitions, exemptions and criminal liability that requires careful compliance planning.

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Criminal Defense Liability of the management Technology- & IT-Law

No Multi‑Million Euro Fine for Telegram in Germany

Germany’s Federal Office of Justice sought to impose a total of 5.125 million euros on Telegram – and ultimately ran aground before the Local Court of Bonn on what sounds like a simple question: which legal entity actually operates the service. At its core, the case is not about sympathy or antipathy towards a particular messaging service, but about precise definitions of “provider”, robust evidence and the limits to how far authorities may stretch concepts of responsibility.

For senior management in internationally active digital businesses, the decisions are noteworthy for two reasons. First, they make clear that fine exposure is not managed solely through process‑level compliance programmes, but starts much earlier with the basic allocation of roles within the group and the way those roles are communicated externally. Second, the court underlines that regulatory strategies are constrained by rule‑of‑law principles such as the requirement of legal certainty – even where the political pressure to “do something” about hate speech and platform regulation is high.

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Labour law Liability of the management Technology- & IT-Law

When East Meets West: The Legal and Cultural Minefield for Chinese Companies Expanding into Germany

The third wave of Chinese corporate expansion into Europe carries a different character than its predecessors. Where earlier generations of Chinese firms focused on cheap manufacturing exports or aggressive M&A shopping sprees, today’s expansion follows a more sophisticated playbook. Companies like BYD, Luckin Coffee, and Urban Revivo are establishing physical retail presence, building local factories, and hiring European staff at unprecedented scales. Yet this deeper integration brings Chinese firms face-to-face with regulatory frameworks and workplace cultures that can catch even the most well-capitalized companies off guard.

The numbers tell the story of sustained commitment despite mounting headwinds. Chinese companies operating in Germany reported in 2025 that 43 percent expect revenue growth and 41 percent plan to expand their workforce, with over half using Germany as their European headquarters. More than 20 percent are shifting strategic focus from the United States to the European Union in response to geopolitical pressures. With 264 German companies already under Chinese ownership and investment flowing into automotive, machinery, and electronics sectors, the stakes for getting market entry right have never been higher.

Yet the same survey reveals that 81 percent of Chinese firms report heightened uncertainty and 67 percent cite strong anti-China sentiment as detrimental to their operations. This tension between opportunity and obstacle defines the contemporary experience of Chinese companies in Europe, where legal compliance requirements and cultural expectations diverge sharply from those in China.

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Cybersecurity Liability of the management Technology- & IT-Law

The new EU product liability landscape for software, AI and open source

European product liability law is being quietly but fundamentally rewritten. Software, AI systems and open source components move from the periphery into the legal core of what counts as a “product”, while cyber security and lifecycle management become part of the defect analysis. For management and engineering teams this means that software composition, open source usage and SBOM can no longer be treated as purely technical housekeeping; they are now part of the liability model.​

This article outlines the key elements of the new regime, explains how software, AI and open source are treated, and shows why SBOM and the Cyber Resilience Act (CRA) will be central in practice.

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Technology- & IT-Law

German FernUSG and the Legal Ambiguities of Online Continuing Education

The German Act on the Protection of Participants in Distance Learning (Fernunterrichtsschutzgesetz, or FernUSG) was enacted to safeguard consumers in distance education contracts, granting them essential rights such as a statutory right of withdrawal. Historically, the law targeted structured, curriculum-based courses delivered remotely, ensuring participants received the quality and transparency they were promised. However, the rapid expansion of online coaching, webinars, and digital training programs has exposed gaps in the legislation, leaving both providers and consumers in a state of legal uncertainty.

For international businesses operating in Germany, understanding the FernUSG is critical. The law’s core principle – protecting consumers from misleading or substandard educational services – remains relevant, but its application to modern digital formats is increasingly contentious. The challenge lies in defining what constitutes “distance learning” in an era where education is no longer confined to traditional classrooms or rigid curricula.

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Technology- & IT-Law

Aachen Regional Court’s Ruling on the Nullity of Gambling Contracts in Germany

The question of whether losses from online gambling can be reclaimed has occupied courts for years. In its judgment of March 25, 2025 (Case No. 15 O 109/24), the Regional Court of Aachen took a clear stance: contracts for online casino games that violate the total ban under Germany’s 2012 Interstate Treaty on Gambling (GlüStV) are void – and players can demand the return of their stakes.

The decision aligns with a series of recent rulings that explore the tension between national gambling law, EU law, and consumer protection. Notably, the court saw no reason to stay the proceedings despite uncertainties regarding the compatibility of Germany’s total ban with EU law. Instead, it emphasized the need to protect players and the necessity of imposing civil law sanctions on unauthorized gambling offerings.

As a lawyer, I advise and represent only gambling providers and not individuals seeking to reclaim losses. This analysis focuses on the legal framework and its implications for operators in the industry.

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Cybersecurity Liability of the management Technology- & IT-Law

Drone defense in German law

On September 26, 2025, drones once again made headlines: Denmark’s Aalborg Airport had to close its airspace for nearly an hour, and two flights were canceled. The Danish government speaks of hybrid attacks intended to spread fear. In Germany, too, Russian drones have been increasingly spotted since the Ukraine war, monitoring military transport routes and NATO bases. Both countries are stepping up their defense measures—but who is actually allowed to shoot down drones, and under what conditions?

The recent incidents demonstrate how drones have become tools of hybrid warfare. While Denmark plans to introduce new technologies for detection and neutralization, the question arises: How far can defense measures go, and who is responsible for them?

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Cybersecurity Liability of the management Technology- & IT-Law

Civil Litigation in Germany: Structure, Principles, and Procedural Particularities

Civil litigation in Germany is governed by the Zivilprozessordnung (ZPO), the Code of Civil Procedure, which reflects a long-standing tradition of formalized yet efficient dispute resolution. For readers from common law jurisdictions, the German system may appear unfamiliar at first glance: it is highly codified, judge-led rather than party-driven, and marked by specific procedural formalities that shape the course of a case.

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Technology- & IT-Law

No Injunctive Relief without Exclusive Rights in Military Software Development: Clarifying German Contract and Copyright Principles

Allocating exploitation rights in custom software development — especially in the sensitive context of military procurement — poses intricate legal questions under German copyright and contract law. In a thoroughly reasoned judgment dated 16 January 2025 (5 U 93/23), the Hanseatic Higher Regional Court (OLG Hamburg) clarified when a contractor may claim injunctive relief to stop third-party use of military software and where the limits lie if the contractor holds only simple usage rights.

This decision is legally significant beyond this individual case: it refines key aspects of the scope of Section 97(1) of the German Copyright Act (UrhG) and the purpose transfer doctrine (Zweckübertragungslehre) under Section 31(5) UrhG in the specific context of commissioned software projects for the German Armed Forces (Bundeswehr).

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Technology- & IT-Law

Legal Dimensions of the Metaverse in Germany

While much of the public discourse today revolves around “AI” — a term often misapplied to describe what are essentially large-scale statistical language models — another transformative digital paradigm quietly continues its evolution: the Metaverse. Contrary to recent claims of its demise, the Metaverse is neither obsolete nor irrelevant. On the contrary, it holds the potential to fundamentally reshape how we experience, structure, and regulate digital interaction.

As a German attorney specialized in IT law, I continue to explore the legal ramifications of the Metaverse — and have recently published a detailed article in AnwZert ITR 25/2024 Anm. 2 addressing the regulatory uncertainties and legal innovations this virtual space demands. The future may well be built not on isolated “intelligent” tools, but in persistent, immersive environments where identity, ownership, and agency are redefined. Legal structures must keep pace.