Alle Beiträge

16. Mar 2016 BGH: Right of withdrawal also in case of misuse

BGH, judgment of. 16.03.2016, Ref. VIII ZR 146/15

Digital & analog, IT law, copyright, e-commerce
11. Mar 2016 OLG Cologne: Internet contact form without privacy policy can be warned

OLG Cologne, judgment of 11.03.2016, Ref. 6 U 121/15

Digital & analog, IT law, copyright, e-commerce
17. Feb 2016 Fixed-term soccer contracts LAG Rhineland-Palatinate 17.02.2016 - 4 Sa 202/15

The fixed-term employment contract between a soccer club and a licensed player is lawful, according to a ruling by the Rhineland-Palatinate Higher Labor Court on 17.02.16.

Labor law
14. Jan 2016 Employer may check browser history for private internet use at the workplace, LAG Berlin-Brandenburg, 14.01.2016 - Sa 657/15

The employer had allowed the employee to use the internet privately during breaks. When the employer suspected the employee of using the internet on the work computer for private matters to a considerable extent, the browser history was evaluated. The employer discovered private use of around five days in a period of 30 days, whereupon the employment relationship was terminated without notice.

Labor law
8. Jan 2016 Obligation to refer to online dispute resolution from 09.01.2016

According to Art. 14 of the Regulation on "Online Dispute Resolution in Consumer Matters" (EU Regulation No. 524/2013), store operators must add a link to the official online dispute resolution platform "easily accessible to consumers". Where the link must be inserted in order to be "easily accessible" is still unclear. Many suggest the legal notice. However, it remains to be seen whether this will be perceived as "easily accessible" by consumers. The general terms and conditions are also mentioned by some as a possible location.

Digital & analog, IT law, copyright, e-commerce
8. Jan 2016 Liability for hyperlinks

Judgment of 18.06.2015, Ref.: I ZR 74/14

Digital & analog, IT law, copyright, e-commerce
9. Dec 2015 The amendment and recast of the Baden-Württemberg State Staff Representation Act

The LPVG Baden-Württemberg was already amended with effect from 11.12.2013 with the Act to Amend the State Staff Representation Act of 03.12.2013. On 12.03.2015, the law was re-published, providing for a new numbering of the amendments made in December 2013. Having only just become accustomed to the new regulations, the law was amended again shortly afterwards. Users of the LPVG should take the current version of the Act into account when applying and citing the Act.

Labor law
3. Dec 2015 BFH: E-Books mit 19 % zu versteuern

Der BFH hat entschieden, dass E-Books mit 19 % zu besteuern sind, Papierbücher hingegen mit 7 %.

Digital & analog, IT law, copyright, e-commerce
2. Dec 2015 When does your medical app need a CE marking in Germany? And which rules apply?

You are developing an application for a mobile phone or another stand-alone software with a medical purpose – a “medical app”. You are probably already aware that the “Medizinproduktegesetz” might apply to your medical app in Germany. But does it really? When exactly? And does it apply to the complete app or just to certain modules of your app?

Medical and social law
19. Nov 2015 Crediting of a previous internship to the probationary period of a vocational training contract, BAG 19.11.2015 - 6 AZR 844/14

An internship cannot be counted towards the probationary period of a subsequent training contract. This applies regardless of how the internship is structured.

Labor law
11. Nov 2015 Calculation of vacation entitlement in the event of an increase in working hours, ECJ 11.11.2015 - C-219/14

The ECJ ruled on the questions submitted from England regarding the calculation of vacation entitlement when changing from part-time to full-time. According to this decision, there is no retroactive recalculation of the vacation entitlement already accrued to the current working hours.

Labor law
9. Nov 2015 LG Wuppertal: Advertising flyer must contain complete revocation instructions with sample revocation form

An entrepreneur had enclosed an advertising brochure with a print medium that contained a reply card and an order card. A complete revocation instruction and a sample revocation form were missing. The entrepreneur argued that he was allowed to refrain from a complete reproduction due to the limited display options (Art. 246a § 3 EGBGB). The Wuppertal Regional Court did not agree with this. Even in advertising brochures in which every additional word is "cash", the consumer protection regulations must be fully complied with.

Digital & analog, IT law, copyright, e-commerce

1
…
18
19
20
21
22
23
…
26