Category: Liability of the management

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Criminal Defense Liability of the management

Defending Economic Criminal Cases in Germany: A Comprehensive Strategy

Economic criminal law (Wirtschaftsstrafrecht) is a highly specialized and complex area that impacts businesses of all sizes—from multinational corporations to small enterprises and even individuals. Defending against charges in this field requires not only profound legal knowledge but also a keen understanding of business operations, financial structures, and the specific circumstances of the accused.

In this article, we will explore the strategic challenges of defending economic crime cases, highlight the most common offenses, and discuss recent developments in the legal landscape.

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Liability of the management Technology- & IT-Law

Advertising Law in Germany: What to Consider and What Risks to Be Aware of

Advertising in Germany is subject to strict legal regulations, primarily governed by competition law, trademark law, and copyright law. Companies and advertising agencies must ensure they comply with these rules to avoid warnings, lawsuits, or fines.

This article provides a comprehensive overview of the key aspects that must be considered when advertising in Germany and highlights potential risks for advertising agencies and companies.

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Criminal Defense Liability of the management

Money Laundering in Germany: An Overview for Foreign Citizens and Businesses

Money laundering is a serious crime in Germany, designed to combat the process of concealing the origins of illegally obtained money. Understanding the legal framework, risks, and potential consequences is crucial for foreign individuals and businesses operating in Germany, especially given recent changes in the law.

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

Understanding Greenwashing: Legal Landscape and Risks for International Companies in the EU and Germany

Greenwashing, the act of making misleading claims about the environmental benefits of a product, service, or corporate practices, poses significant legal risks for companies operating in the European Union (EU) and Germany. Both regions have stringent laws that prohibit such deceptive practices under competition law, and there are even scenarios where criminal liability may arise. This article outlines the current legal framework, enforcement mechanisms, and recent judicial developments, emphasizing the importance of compliance to avoid severe penalties.

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Cybercrime Liability of the management Technology- & IT-Law

Protecting Trade Secrets in Germany: A Comprehensive Overview for U.S. and U.K. Companies

In Germany, the protection of trade secrets is governed by the German Trade Secrets Act (GeschGehG), which was enacted in 2019 to implement the EU Directive 2016/943 on the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure.

This directive aims to harmonize the protection of trade secrets across the European Union, setting clear standards and requirements for companies. Before the implementation of the GeschGehG, the protection of trade secrets in Germany was primarily covered under §§ 17-19 of the Unfair Competition Act (UWG). The new law provides clearer guidelines and expands the scope of protection, particularly by defining what constitutes a trade secret and what actions companies must take to secure these protections.

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Liability of the management Technology- & IT-Law

Cybersecurity in Germany: Implementation of the NIS2 Directive in Germany

Implementation of the NIS2 Directive in Germany: There are now draft laws on the implementation of the NIS2 Directive in Germany, and a clear line can be seen. In Germany, the NIS2 Directive is implemented by the “Act on the Implementation of the NIS-2 Directive and on the Regulation of Essential Principles of Information Security Management in the Federal Administration”. It is also known as the “NIS-2 Implementation and Cybersecurity Strengthening Act” or “NIS2UmsuCG” for short.

At the heart of it all is the German “BSI Act”: this law was originally created to regulate the competencies and measures of the Federal Office for Information Security (BSI). However, this law is increasingly being transformed into a set of cyber security regulations. This was already foreseeable with the German IT Security Act and has been enhanced with the IT Security Act 2.0. IT security in Germany – and Europe – is thus being raised to a completely new level and the economy in particular will have to dress warmly.

Note on the current status of the legislative process: The NIS2 Directive must actually be implemented by mid-October. However, draft bills have only been available since May 2024, which already raises doubts as to whether this will happen in time. With this in mind, a paragraph has been added on what delayed implementation means. The article has been updated to the status of the second draft bill (processing status: 24.06.2024).

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Criminal Defense Liability of the management

Breach of a duty to look after assets as a board member of a stock corporation

The German Federal Court of Justice (3 StR 329/21) was able to comment on the breach of a duty to look after assets as a board member of a public limited company. The BGH emphasized that, from a legal point of view, it must be assumed that the management board of a stock corporation must be granted a wide scope of action when managing the business of a company, without which entrepreneurial activity is absolutely inconceivable.

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Cybercrime Cybersecurity Liability of the management

Strategies for ransomware negotiation

Is there a strategy for dealing with ransomware? Ransomware is a type of malware that blocks access to the victim’s system or data and demands a ransom to unlock or release it. Negotiations with cybercriminals over such attacks can be complex and risky.

Ransomware attacks are one of the biggest threats to companies worldwide: dealing with such crises correctly, especially negotiating with the attackers, can be crucial to minimizing the damage and regaining control. I am an atypical source of information here because I usually work as a lawyer for the attackers and therefore have completely different insights.

I would like to loosely explore the question of whether there can be fundamental strategic considerations on this topic. And indeed, based on current studies and practical experience, important insights can be gained and mistakes that can occur during negotiations can be avoided.

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

Tax problems with DDP clauses and shipping from Asia to Germany

A current article in the magazine PraxisSteuerstrafrecht on the topic of criminal tax law and imports deals with customs law and, in particular, the risks of the DDP (Delivered Duty Paid) delivery condition for imports from China for online retailers. It explains how Chinese suppliers often offer customs declaration and tax payment as part of their service, which sounds tempting but carries legal and tax risks.

The complexity and pitfalls of this practice, such as changing the delivery route, the role of indirect representatives in the customs declaration and the tax consequences, are described in detail. The article makes it clear why caution is required both on the Asian side and on the German recipient side. The topic is also worth a few lines here.

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

Importing goods from Asia to Germany: What do you need to bear in mind?

What needs to be considered when importing from Asia, especially China or Vietnam – what are the pitfalls when importing goods from China and the Asian region? It is interesting to note that companies sometimes take a rather naïve approach to international trade.

This shows that you sometimes have to be extremely careful – our law firm used to advise clients, especially start-ups, who are dependent on importing products from Asia and China in particular, whether these are manufactured at the client’s request or supplied off the shelf.

Note: Our law firm based in Germany is only active in this area for criminal compliance and IT law, please refrain completely from inquiries regarding other products imported from Asia.

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