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3. Nov 2022 The new regulatory world in the area of digitalization An overview of current EU legislative projects

The new regulatory world in the field of digitalizationAn overview of current EU legislative projectsAt the beginning of 2020, the European Commission published its "European Data Strategy" (COM(2020) 66 final). The aim is for the European Union to become a role model for a society that is able to make better decisions in the economy and in the public sector thanks to data.

IP/IT Stuttgart
2. Nov 2022 EU Product Liability Directive

The European Union has proposed a new product liability directive (COM(2022) 495 final, also known as the "Product Liability Directive" or "PLD"). A product liability directive already exists. However, it was issued around 40 years ago (Directive 1985/374 EEC). Due to technological developments, it is currently legally unclear how the "old" definitions and concepts from this old Product Liability Directive should be applied to products in the digital economy, particularly with regard to software and products such as smart devices and autonomous vehicles.

IP/IT Stuttgart
2. Nov 2022 EU Machinery Regulation

The Machinery Regulation (COM(2021) 202 final) is intended to replace the previous EU Machinery Directive (2006/42/EC), which is around 15 years old. Unlike the previous Machinery Directive, the Machinery Regulation will then become directly applicable European law and will no longer require a national transposition act by the individual member states.

IP/IT Stuttgart
2. Nov 2022 EU AI Regulation

The AI Regulation (COM(2021) 206 final, also known as the "AI Regulation", "Artificial Intelligence Act" or "AIA") is - as far as can be seen - the first such comprehensive regulation of artificial intelligence ("AI") worldwide. It contains obligations for providers, users, importers, distributors and operators of AI and applies regardless of where the provider is based (i.e. worldwide). The regulations apply to both stand-alone software and embedded software. The scope of the AI Regulation relates to the placing on the market, commissioning and use of all AI systems.

IP/IT Stuttgart
2. Nov 2022 EU AI Liability Directive

This is the Directive "adapting the rules on non-contractual civil liability to artificial intelligence" (Directive on AI Liability; COM(2022) 496 final). As a directive, the AI Liability Directive must first be transposed into national law by the individual EU member states through respective national legislative acts.

IP/IT Stuttgart
2. Nov 2022 EU Digital Services Act

The Digital Services Act (COM(2020) 825 final, also known as "DSA") is also referred to as the "Digital Services Act" in German-speaking countries. It will supplement and partially update the European Union's E-Commerce Directive (Directive 2000/31/EC on electronic commerce), which is already around 20 years old. However, the e-commerce directive itself remains unaffected by the Digital Services Act.

IP/IT Stuttgart
2. Nov 2022 EU Digital Markets Act

The Digital Markets Act (Regulation 2022/1925, also "DMA", previously in draft form: COM(2020) 842 final) has already been adopted and will apply from 02.05.2023. The Digital Markets Act addresses so-called "gatekeepers" - or in the German version "Torwächter". In Germany, the regulation is also referred to as the "Digital Markets Act".

IP/IT Stuttgart
2. Nov 2022 EU Data Governance Act The Data Governance Act (COM(2020) 767 final, also "DGA") should not be confused with the Data Act.

There are two aspects to the Data Governance Act:

IP/IT Stuttgart
2. Nov 2022 EU Data Act The Data Act (COM(2022) 68 final, also known as the "DA" or "Data Act") should not initially be confused with the Data Governance Act.

Contrary to what the name "Data Act" might suggest, the Data Act does not regulate the question of "ownership of data". In relationships between providers and customers, the question of data allocation therefore remains unresolved, for example in the relationship between the manufacturer, owner (keeper) and owner (driver) of a motor vehicle and in the relationship between the manufacturer and user of a medical device and the patient concerned. Intellectual property rights are also not regulated (apart from minor clarifications); the Data Act nevertheless addresses the relationship between such providers and customers, but by regulating individual rights and claims. The five main subjects of regulation of the Data Act according to the current draft are

IP/IT Stuttgart
25. Oct 2022 Is the organizational structure in the existing foundation statutes still up to date?

We are delighted that our short article on this topic has been published in BW Bank's "Stiftungsmanagement Impulse" magazine, which appeared today. You will find this article on pages 18-19 and we hope you enjoy reading this article and the magazine as a whole!

NPOs, church and social institutions
18. Jul 2022 Compliance as a management task From the risk of personal liability to a competitive advantage

Fines, personal liability of the management and negative publicity that damages the business: the consequences of compliance violations can be far-reaching and threaten the company's existence. At the same time, legal obligations and requirements are constantly becoming stricter, even for SMEs. Companies must therefore take measures to minimize such risks. In the following article, we show why addressing the issue at an early stage can effectively save costs, create competitive advantages and minimize (liability) risks.

IP/IT Stuttgart
4. Jul 2022 EU Directive on transparent and predictable working conditions: further legislative changes Temporary Employment Act: further obligations to provide evidence

Germany must implement the EU Directive on transparent and predictable working conditions by August 1. On 23.06.2022, the corresponding law to implement the directive was passed by the Bundestag, which will apply from 01.08.2022 after its promulgation.

Labor law

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