No clarification in sight: detour via ECJ – Employers in Germany be aware! Two Senates at the German Federal Labor Court/BAG are in disagreement. On February 1, 2024, the 2nd Senate referred a matter to the ECJ requesting an answer to four questions on the interpretation of the EU Directive of July 20, 1998 (Directive…

On January 11, 2024, the draft bill for the “IV. Bureaucracy Relief Act” was submitted to the German Bundestag. Anyone expecting dramatic simplifications will – once again – be disappointed by the draft published by the German Government. Article 41 of the draft provides for an amendment to the Verification Act, stating that the electronic…

ESG becomes more important for ­executives in Germany when enterprises are faced with operational and financial challenges. Sustainability and ESG still remain the most relevant topics these days. But is the focus on governance enough in times of crisis? Would leaders be better advised to concentrate on compliance instead? And is self-governance perhaps the better…

Dismissals due to plant closure may remain effective even if the plant is sold later – the importance of a list of concerned employees (“Namensliste”). The Corona pandemic and the war in Ukraine continue to hurl many industries around the world into daily crisis scenarios. Employers are struggling to stay in business and to literally…

“What is the best government? That which teaches us to govern ourselves.” – Johann Wolfgang von Goethe Sustainability and ESG still remain THE topics these days. But is the focus on “Governance” enough in times of crisis? Are leaders rather better advised to concentrate on “Compliance”? And is self-governance perhaps the better compliance management? The Management…

Best Lawyers is one of the most respected peer-review publications in the legal profession. Recognition by Best Lawyers is based solely on peer review. The methodology is designed to capture as accurately as possible the opinions of leading lawyers about the professional capabilities of their peers. Being represented in the ranking is considered a significant honor.…

It’s hard to believe but on 12 May 2023, the Federal Council approved the amended German Whistleblower Protection Act (HinSchG). All’s well that ends well? Not really – with a delay of 18 months, the HinSchG will probably come into force in mid-June 2023 but ambiguities remain. At the beginning of June 2022, we reported…

CPRA strengthens consumer protection rights in California – companies in Germany and the EU will have to adjust. In the USA, there is no comprehensive data protection law covering all states. With the new California Privacy Rights Act (CPRA), California has once again strengthened the data protection laws of the California Consumer Privacy Act (CCPA),…

Germany’s amended Verification Act catapult the country back into the Middle Ages The latest amendments introduced by the German Federal Ministry for Labor (BMAS) to the “Nachweisgesetz“/NachweisG will transform Germany back into the age of hard copies and wet ink. The law to amend the act on notification of conditions governing an employment relationship came into…

On 27 July 2022, the Federal Cabinet passed the revised draft German Whistleblower Act (HinSchG). In early April 2022, we reported about the delayed activities of the German Government to implement the EU directive 2019/1937 into national law. Now – at last – the German Government has passed the Bill and after the summer break…