Alle Beiträge

29. Dec 2020 New legal regulation for tenancies in the SARS-CoV-2 pandemic

On 17.12.2020, the Bundestag passed the "Act to further shorten residual debt discharge proceedings and to amend pandemic-related provisions in company, cooperative, association and foundation law as well as in tenancy and leasehold law". The Federal Council already approved the law on 18.12.2020. The legislator has thus responded to the effects of the SARS-CoV-2 pandemic and the regulations issued by the federal states to combat it and extended the application of the regulations on the so-called cessation of the basis of the transaction.

Real estate law, public & private construction law, public procurement law
26. Nov 2020 DiGA: No US service providers permitted Apps / Medical law

The "app on prescription" is now possible thanks to the Digital Healthcare Act, which introduced digital health applications ("DiGA"). However, DiGAs must comply with considerable additional requirements. Data protection in accordance with the GDPR must also be complied with. However, the already narrow permissions of the GDPR are further restricted for DiGA.

IP/IT Stuttgart
25. Nov 2020 DiGA: The path to reimbursement of an "app on prescription" by statutory health insurers Apps / Medical law

The Digital Healthcare Act introduced digital health applications ("DiGA"). This allows medical apps to be included in a directory maintained by the Federal Institute for Drugs and Medical Devices ("BfArM"). The apps can then be prescribed by doctors. This is therefore an "app on prescription".

IP/IT Stuttgart
20. Nov 2020 Problems with adjusting salaries to the standard pay scale in outpatient intensive care What should I bear in mind when negotiating remuneration?

As is well known, providers of outpatient intensive care conclude contracts with the health insurance funds (currently still individually, in future jointly and uniformly with the health insurance funds) on the provision of services, in which the remuneration is then also regulated. In accordance with. § Section 132l (5) sentence 2 SGB V new version (Section 132a (4) sentence 7 SGB V old version), the payment of salaries up to the level of collectively agreed remuneration and corresponding remuneration in accordance with church labor law regulations cannot be rejected by the health insurance funds as uneconomical. As a result, this means that service providers are entitled to pay their employees salaries up to the level of collectively agreed remuneration and that this must be refinanced by the health insurance fund.

Medical and social law
18. Nov 2020 Legal problems with platforms and portals in the medical and healthcare sector

In recent years - and not just since the coronavirus crisis - there have been more and more portals offering medical information or even medical services, such as second opinion portals, scientific information portals for patients or doctors, drug reviews and symptom checkers. Numerous new portals have emerged at short notice, especially now in Corona times, or are in the process of being created, e.g. telemedical offers, mediation portals such as appointment mediation. There are typical legal problems that need to be considered when advising such portals:

Digital & analog, IT law, copyright, e-commerce
11. Nov 2020 GDPR: No effective consent with preselected checkbox

The ECJ clarified today that there is no valid consent if a checkbox for granting consent under data protection law is preselected in a signed contract:

IP/IT Stuttgart
9. Nov 2020 BGH: Information on dispute resolution cumulative on websites and in general terms and conditions E-Commerce

The BGH has clarified that entrepreneurs must provide information on dispute resolution procedures in accordance with Section 36 VSBG cumulatively both on the website and in the GTC (if GTC are used). The decision is hardly surprising - even if the wording of the law is not entirely clear.

IP/IT Stuttgart
29. Oct 2020 Extension of the statutory regulations in association and foundation law in accordance with the GesRuaCOVBekG until 31.12.2021 - Combating the effects of the COVID-19 pandemic Combating the effects of the COVID-19 pandemic

In the article on the VOELKER homepage "Current legal regulations in association and foundation law to combat the effects of the COVID-19 pandemic" of March 26, 2020, we provided information on how and with what civil law content the federal legislator reacted quite quickly to the COVID-19 pandemic in association and foundation law, as well as an initial assessment at the time.
20. Oct 2020 New update obligation for medical devices made from or with software Medical devices

For medical devices made from or with software, two new EU directives on the sale of goods and digital content will change a lot in 2021.

IP/IT Stuttgart
15. Oct 2020 Ransomware: ransom payment can be illegal

If company data is encrypted due to an encryption Trojan (or "ransomware"), such as "WannaCry", you are faced with the choice of accepting the blackmail and paying a ransom or restoring or otherwise reconstructing the encrypted data yourself using backups. Payment to the ransomware gang is often more economically attractive than reconstruction. This is all the more true if the ransomware gang also threatens to publish data. In this context, the question of whether a payment to the ransomware gang is unlawful has so far been little examined.

IP/IT Stuttgart
14. Oct 2020 New product safety law from mid-2021 Powers of market surveillance authorities also for online platforms

From July 16, 2021, a reform of product safety law will come into force and the powers of the authorities will be significantly expanded, including the power to purchase products under a false identity, carry out reverse engineering and restrict access to online platforms and require the inclusion of warnings. Orders to withdraw and recall products are also possible.

IP/IT Stuttgart
30. Sep 2020 AvP insolvency - initial legal findings Initial legal findings

On 15.09.2020, the pharmacy billing center AvP Germany filed for insolvency. Since then, there has been great uncertainty among service providers. The insolvency of this payment service provider affects many pharmacies and other service providers throughout Germany; the feared losses due to outstanding payments for prescriptions to be billed run into the billions. For affected pharmacies and the (provisional) insolvency administrator, but also for other healthcare providers who have outsourced their billing and are not (directly) affected by the current insolvency, difficult questions are already emerging from a legal, economic and technical perspective:

Medical and social law

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