Alle Beiträge

31. Jul 2020 Trademark law: Distribution and trademark protection in international trade especially in China

No other country is more frequently associated with the term "brand piracy" (counterfeit products) than the People's Republic of China. According to the European Union Intellectual Property Office (EUIPO), manufacturers in the EU recently suffered a loss of revenue of 60 billion euros annually due to imported counterfeits, and this figure is rising. Medium-sized companies in particular are therefore shying away from the lucrative Chinese market, as selling their own products increases the risk of counterfeiting. Nevertheless, the export quota is continuously increasing. In 2019 alone, goods worth 95.97 billion euros were exported from Germany.

IP/IT Stuttgart
29. Jul 2020 Online marketplaces: new requirements due to the P2B Regulation on the invalidity of general terms and conditions and other requirements

There are numerous online marketplaces where businesses can post offers and consumers can accept them. The P2B Regulation (Platform-to-Business Regulation, EU Regulation 2019/1150) has applied to such online intermediation services since mid-July 2020. The P2B Regulation contains numerous requirements for the design of the platform on the part of the platform operator, in particular for the design of the GTC. If certain provisions are missing, the T&Cs are void in whole or in part and there is a risk of warnings.

IP/IT Stuttgart
20. Jul 2020 Vacation in a risk area from an employment law perspective - important information Important information

The main vacation period is just around the corner. There are a number of pitfalls for employers when it comes to vacation - particularly due to the global coronavirus pandemic and its effects, but there are also important points to bear in mind when it comes to the expiry of vacation. In this vacation update, we would like to draw your attention to the most important points that employers should be aware of at the moment:

Labor law
16. Jul 2020 BSG grants protection of legitimate expectations against reimbursement of expense allowances paid before January 1, 2015

We had already reported here on the decisions of the Reutlingen Social Court (SG Reutlingen, judgment of March 14, 2018 - S 1 KR 3632/16) and the LSG Baden-Württemberg (judgment of April 9, 2019 - L 11 KR 1359/18), according to which expense allowances that were issued before the decision of the First Senate of the Federal Social Court of July 1, 2014 on the factual and arithmetical correctness check cannot be reclaimed.

Medical and social law
15. Jul 2020 Forfeiture of vacation during illness - employer's duty to cooperate? Background:

Federal Labor Court asks European Court of Justice for clarification: Can leave in the event of illness or reduced earning capacity expire after the 15-month period if the employer fails to cooperate? BAG, judgment of 07.07.2020 - 9 AZR 401/19; 9 AZR 245/19

Labor law
6. Jul 2020 Government draft of the Association Sanctions Act What is the aim of the Association Sanctions Act (VerSanG)?

Compliance is understood to mean the general adherence to all laws, regulations, guidelines and internal rules relevant to a company. A functioning compliance management system should ensure that the rules are adhered to and that violations can be avoided or at least detected and sanctioned.

Labor law
24. Jun 2020 Internet gambling and the new Interstate Gambling Treaty 2021

In March 2020, the state governments adopted a new GlüStV for 2021 ("GlüStV-2021"). What applies to online gambling under the current law and the new GlüStV-2021? Has the expected liberalization of gambling law taken place?

IP/IT Stuttgart
16. Jun 2020 Data protection conference: New requirements for Google Analytics

The Conference of Independent Federal and State Data Protection Supervisory Authorities (DSK) has recently passed a resolution on the use of Google Analytics. This contains a number of clarifications, which are not surprising given the latest developments in case law. In particular, it is important that the DSK assumes that no more data processing agreements may be concluded with Google.

IP/IT Stuttgart
29. May 2020 Overview Data Protection Conference (DSK): Guidance on e-mail security

The Conference of Independent Federal and State Data Protection Authorities (Data Protection Conference) has recently published its guidance on the design of IT security for emails. Bavaria voted against this position.

IP/IT Stuttgart
29. May 2020 Artificial intelligence (AI), algorithms, data and GDPR What applies to artificial intelligence data?

Much in the field of artificial intelligence (AI) is still legally unclear. Of particular interest at present is what applies with regard to the data used to train an artificial intelligence and what applies legally with regard to the fully trained artificial intelligence in which the training data is contained in some form (e.g. the algorithm).

IP/IT Stuttgart
29. May 2020 Data Protection Conference (DSK): Guidance on e-mail security

The Conference of Independent Federal and State Data Protection Authorities (Data Protection Conference) has recently published its guidance on the design of IT security for emails. Bavaria voted against this position.

IP/IT Stuttgart
28. May 2020 Designing the home office in compliance with data protection regulations Data protection

Due to the coronavirus pandemic, many companies have temporarily moved their employees to work from home. Numerous processes that have been finely balanced in the company since the GDPR came into force in 2018 have been disrupted as a result. At the beginning of the pandemic, the data protection supervisory authorities had indicated that they would be lenient. However, this initial leniency is likely to end now that there has been sufficient time to make the necessary data protection arrangements. So what needs to be done in terms of data protection law?

IP/IT Stuttgart

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