8 December 2020
8 December 2020
Next Normal Legal
The Legal Situation in Germany after Covid-19
White paper: Download available hereThe focused use of data by companies and the increasing demand for data-based services have gained further importance in the Corona pandemic. The increased use of data is the prerequisite for being able to leverage growth potential and market opportunities in the future. This applies in particular, but not exclusively, to e-commerce, IT, insurance, transport and logistics. It can be assumed that with this impetus, the expansion of digitalisation will also continue to move up the political agenda.
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The stationary retail sector is the big loser in the Corona pandemic. Its financial losses are dramatic. However, its massive loss of importance in favour of online shopping is much more serious – a development that probably cannot be reversed. The character of inner-city centres will change. The falling demand for retail space is just the beginning of this development.
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Working from home has proven itself in many companies and organisations. Even after the end of the pandemic, many of them will retain the “remote working” option. However, the move away from the presence workplace with the intertwining of professional and private life raises questions with numerous tax and employment law risks. In addition, the issue of contracts for work and services, triggered by inadequate hygiene conditions in the meat processing industry, is the subject of heated debate.
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The pandemic has mercilessly exposed the weaknesses of the public health system. As a result, its crisis-proof equipment – financial, structural and human resources – has become a political mandate. At the same time, the tendencies towards national and international market consolidation in the pharmaceutical industry are intensifying. Investors are evaluating health and care properties as lucrative, and telemedicine and digital health applications are also profiting from the new overall situation.
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Due to the sharp drop in global demand for automobiles, many manufacturers and suppliers in the automotive industry are reporting more and more losses from quarter to quarter. The Corona-related decline is all the more serious because manufacturers and their suppliers had already turned away from the combustion engine towards alternative drive technologies before the crisis and were already struggling with the consequences of this strategic step. This paradigm shift and the high susceptibility to failure of long delivery routes experienced during the crisis have triggered a dramatic change in production and market structures. The result: insolvencies, takeovers, but also de-investment. The civil aviation and shipbuilding industries have experienced a similar fate. They too are struggling with far-reaching changes.
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Markets are in turmoil: the Corona crisis is forcing many companies to reorganise, often with the support of state aid. At the same time, interest rates remain low and loans are therefore cheap – all in all, the best conditions for more takeovers. Private equity, investment and hedge funds as well as other investors are therefore cautiously conducting their transactions, unperturbed by the current turbulence of the pandemic. The conditions are shaped by the buyers, and their need for security in these uncertain times paves the way for many clauses in the drafting of purchase contracts. So much upheaval in volatile markets allows us to predict that an increasing number of legal disputes between transaction parties can be expected in the future.
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Corona has exposed the vulnerability of supply chains and, despite higher costs, solutions in favour of a secure supply of products and primary products are preferred. However, every change also means intervention in a complex network of contractual relationships. Legal disputes are inevitable. The insurance industry is also affected: the Corona pandemic has led to claims for damages, which are expected to result in a high number of disputes. The same is true elsewhere: many entrepreneurs have made decisions under great economic pressure which could result in the legal consequences of compliance violations, directors’ and officers’ liability issues etc. In times of crisis and tight budgets, the desire of the conflicting parties to secure their supposed rights increases, while at the same time the willingness to reach an amicable settlement decreases.
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The public sector did not suffer significant losses during the Corona crisis. On the contrary: in the course of the fight against the pandemic and in order to support the crisis-stricken economy, public procurement tenders were and are expected to increase. However, these could quickly decline again if tax revenues are lost for a longer period of time due to the pandemic. Numerous new plant construction projects have been initiated, particularly in sectors that are experiencing increased demand due to Corona (including pharmaceuticals, logistics and digitalisation).
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The reactions of states and corporations to the current challenges were often structural measures to strengthen their resilience to the crisis. Since the danger of crises is increasing and the consequences – as is currently being observed – can take on dramatic proportions, proactive action is recommended: As a matter of principle, entrepreneurs should systematically check their business model using a catalogue of questions in order to identify possible weaknesses and potential for optimisation.
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