Pulse 8.2024 – an update from Taylor Wessing

The AI Regulation - embedding in general product safety law

• The AI Regulation came into force on 1 August 2024 creating the basis for the regulation of artificial intelligence in the EU
• Which obligations apply before, when placing on the market, and after placing on the mar-ket and launching - an in-depth analysis

Read more [German only]

Update: Federal Court of Justice (BGH) submits CJEU proceedings on losses in online sports betting due to possible violation of the freedom to provide services

• The BGH wants the CJEU to clarify whether the freedom to provide services guaranteed under EU law for a sports betting provider from another Member State of the European Union precludes the reimbursement of losses from unauthorised online sports betting
• A look at the facts of the case and the key legal issues

Read more

Judgement of the CJEU in case C-757/22 (Meta Platforms)

• Following the renewed question referred by the Federal Court of Justice with regard to the scope of Article 80 (2) GDPR, the CJEU ruled on 11 July 2024 on the standing of con-sumer protection associations
• In the opinion of the court, the breach of an information obligation pursuant to Art. 12 et seq. GDPR is sufficient to enable representative actions
• Background, the court’s opinion and recommendations for practice

Read more

Webinars

Cybersecurity Reloaded: what companies need to change now
3 September 2024

• In our Best Practices series, we share our experiences with cyberattacks - what preparatory measures should and must be taken, what steps should be taken if something happens, how are incidents properly dealt with?
• We provide insights into specific processes and procedures, preventive measures and report on the pitfalls that a company should be aware of when dealing with incidents

To register [German only]

Tech Me Up!

• Session #1: Tracking the EU AI Act, an interview with tech journalist Luca Bertuzzi 

To recording

• Session #2: EU AI Act and the insurance industry – an interview with Allianz 

To recording

• Session #3: The Clock is ticking: Insights on the EU AI Act from the EP, GenAI, and what stakeholders should do now 

To recording

• Session #4: EU AI Act – another global law “made in Brussels”? 

To recording

• Session #5: The EU AI Act is live - Best practices for its implementation and setting up AI governance structures 

To recording

Blogs

Artificial intelligence 

• Artificial intelligence (AI) has long been promised as a ground-breaking innovation and it is now here. Recent advances have highlighted the potential of this exciting technology making its adoption an absolute business priority.

Read more

Data Centre Expertise

Read more

Global Data Hub 

• Insights and advice on data protection issues  

Read more

Interface

• We shape the law of the digital future - in our tech magazine Interface, international colleagues write about digitalisation topics at the intersection of business and law 
  

Read more

Metaverse

• Exciting insights and the latest developments in the context of metaverse, NFTs, web3, cryptocurrencies and blockchain technology 

Read more

Online content safety

• The UK’s Online Safety Act, the EU’s Digital Services Act and related topics

Read more

Digital skin checks under the microscope: Hamburg Higher Regional Court tightens classification of medical apps

• Hamburg Higher Regional Court judgement raises fundamental questions about the future of digital health applications - two teledermatology platforms take centre stage - OnlineDoctor 24 and Dermanostic
• What at first glance appears to be a simple competition dispute could have far-reaching consequences for telemedicine as a whole and the market for digital health applications
• Key facts, the decision of the OLG and its effects

Read more [German only]

Webinars

Coffee Break Life Sciences Start-ups 

• Session #1: Your safe path through the contract jungle: CDAs, MTAs & Co.

To recording

• Session #2: Don’t forget: Early stage IP strategy

To recording

• Session #3: Tips and tricks for your financing round 

To recording

• Session #4: R&D Collaborations 

To recording

• Session #5: Employment Law in a Nutshell

To recording

• Session #6: Consulting Agreements: Dos and Don’ts 

To recording

• Session #7: Clinical trials in the pharmaceutical area: tips and tricks for CTA negotiations 

To recording

• Session #8: Clinical trials in the medical devices area: tips and tricks for CTA negotiations 

To recording

• 18 September 2024: Session #9 Data Protection for Life Sciences start-ups, particularly in connection with clinical trials 

To register

• 16 October 2024: Session #10 Think Big - possible exit strategies 

To register

• 20 November 2024: Session #11 Website, Social Media, Advertising & Co. 

To register

• 18 December 2024: Session #12 Don't underestimate: Corporate Housekeeping

To register

Blogs

The Unified Patent Court

• Insights, videos, FAQs and more on all important aspects of UPC 

Read more

CBAM: Update on the submission of actual emissions data in the CBAM reports

• The transition phase to the new Carbon Border Adjustment Mechanism (CBAM) has been running since October 2023
• Importers of certain emission-intensive goods must report quarterly in CBAM reports on the goods imported from other EU countries in the previous quarter and the CO2 emis-sions generated during the production of these goods
• What can importers expect since July 2024 and what is next?

Read more [German only]

Noticeable relief for issuers in IPOs and capital measures on the regulated market 

• Since 11 July 2024, the Frankfurt Stock Exchange has enabled issuers to apply for the admission of securities to trading on the Regulated Market (General Standard) without the involvement of a financial institution
• For the Prime Standard, a co-applicant is only required for the initial issue, but not for subsequent issues of the same class of securities
• The innovations and consequences of the new practice at a glance

Read more [German only]

AI at the target company in M&A transactions: legal considerations and practical advice

• In M&A transactions, AI already plays a role that should not be underestimated in a large number of different clauses
• Certain typical guarantees in company purchase agreements from the “pre-AI” era will no longer be able to be provided by sellers in future or will change fundamentally
• In this article, we briefly highlight the key legal issues and provide initial practical tips for companies on both the buyer and seller side

Read more [German only]

German court denies the possibility of avoidance against guarantor due to release from guarantee obligation

• The BGH has determined that the release from a guarantee obligation is generally not contestable if the debtor fulfils the principal debt secured by the guarantee
• Facts, reasons for the decision and practical advice

Read more

The lost jurisdiction

• In the underlying case, a shipper had lost its way in the maze of international jurisdiction rules of CMR, ADSp 2017 and German GTC law with its place of jurisdiction clauses
• The reasoning of the Senate shows that in international trade in goods, the attempt to establish a place of jurisdiction in the home country can easily fail
• What needs to be considered in particular within the scope of the CMR

Read more [German only]

The right to or the obligation to repair

• On 30 July 2024, the Directive on the promotion of the repair of goods came into force as part of the European Green Deal - it must be transposed into national law by 31 July 2026 at the latest
• A look at the scope of application and the main obligations for manufacturers

Read more [German only]

Synopsis - FAQ on the Supply Chain Act

• A new version of the FAQ has been available since 9 July 2024
• It remains exciting and the development of these FAQ answers by the BMAS as well as the industry and background discussions taking place with the BAFA do not necessarily contribute to legal certainty

Read more [German only]

Our Taylor Wessing Commercial Team has contributed to the 2025 Lexology Panoramic Guide on Franchise in Germany

• The Q&A guide covers the most important aspects that management consultants and international franchisors who want to enter the German market need to know

Read more

Blogs

Supply Chain Act 

• Are you affected by the Supply Chain Act?
• What measures do you need to take now? What sanctions can be imposed for violations?

Read more

The DRV inspection service is upgrading - in future, an AI will search for bogus self-employed persons in your accounting department 

• The German Pension Insurance (DRV) recently announced that it is developing an artificial intelligence (AI) that it intends to use for tax audits in the future 
• This significantly increases the DRV’s effectiveness in tax audits - bogus self-employed freelancers were often only not detected because the DRV lacked the capacity for tax audits 
• What can and should you do now? 

Read more [German only]

Permanently sick employees - five practical tips for reducing absenteeism 

• A look at effective low threshold measures available to employers to reduce absenteeism 

Read more [German only]

Paid Time Off (PTO) in Germany 

• German employees have various entitlements to paid time off
• This article is intended to provide an initial overview of the various entitlements when employing staff in Germany 

Read more

Work/Life: international employment news update 

• Issue 101
  Read more

Webinars

War for Talents | 11 September 2024 

• In an increasingly knowledge-based economy, skilled labour is key to a company’s success, but there are legal pitfalls when it comes to attracting and retaining talent
• We shed light on the legal pitfalls when searching for and approaching suitable candidates, what needs to be considered when using interim managers and how companies can retain their talent 
  To register [German only]

10 Pitfalls in German employment law | Employee Wellbeing and Retention: Employee Trainings | 17 September 2024 

• The War for Talents is in full swing, while job profiles are constantly changing
• Find out how you can train your existing employees and at the same time be perceived as an attractive employer that talented people want to work for 
  To register

10 Pitfalls in German employment law | Performance Management | 15 October 2024 

• Poor performance not only costs time, but also money
• Find out what you need to pay attention to, which deadlines are important and how you can save money and nerves with the right workflow 
  To register

10 Pitfalls in German employment law | Redundancy and Termination Procedure | 19 November 2024 

• Redundancies need to be carefully planned, especially if they involve different jurisdictions
• In Germany, there are some strict legal requirements when it comes to the dismissal of employees
• Careful planning and our tried and tested phased plans ensure that the German operations are aligned with the global project 
  
  To register
  
  

10 Pitfalls in German employment law | Non-Competes | 12 December 2024  

• One of the hottest topics worldwide is the question of how to limit competition when an employee leaves the company
• The good news is that this is possible in Germany - although the flexibility is not comparable with other legal systems
• We show you how you can protect your company and still stay in control 
  To register

HR Coffee Break Special: Rights and duties of the GmbH managing director in good times and bad   

• Do the legal principles on working time still fit in with today’s forms of work? European working time legislation regulates the maximum weekly working time, while flexible working (i.e. “workation”) is becoming increasingly popular
• Our experts explain the respective country-specific principles on working time (including overtime pay), current legal trends in the individual countries and pragmatic solutions for employers in Germany and/or France 
  To recording [German only]

HR Coffee Break: Between criminal offences for breach of trust and a company-political super-GAU: Does the new law on works council remuneration finally provide legal certainty? 

• The legislator is tightening up the regulations on works council remuneration according to
• What do the new regulations mean in detail? Has the “path to legally secure remuneration” now become wider? How do HR managers and works councils walk this path together? Where are the stumbling blocks? How can clever processes minimise the - still existing - risk of criminal liability? 
  To recording [German only]

HR Coffee Break 2024

• Session #1: New year, new luck? What 2024 will bring for employment law
  To recording [German only]
• Session #2: External personnel compliance - the BSG tightens the reins (further)!
  To recording [German only]
• Session #3: The HR compliance trap: challenges and solutions for avoiding bogus self-employment
  To recording [German only]

• Session #4: Equal Pay - Transparency and compliance in remuneration
  To recording [German only]

• Session #5: Employee retention through participation programmes? - Developments and innovations in retention management
  To recording [German only]

• Session #6: Brave new world of work? Chat AI vs. employment law
  To recording [German only]
• Session #7: Interim Management - The legal risks of interim management
  To recording [German only]
• Session #8: Work-life blending or the right to be unavailable? - Making contact outside working hours
  To recording [German only]

• Session #9: Working time in Germany and France - legal framework and current trends
  To recording

Podcast

The federal government’s growth package: a big hit or a sham? 

• What is in this package? Do individual measures deliver what they promise? Is this the long-awaited big hit or is it more of a deceptive package? 
• We explore these questions in the new episode - focusing on measures aimed at the employment market and employment law
• Why working time legislation urgently needs to be reformed and what the catch is with tax-free pay for overtime 
  To recording [German only]