Pulse 6.2024 – an update from Taylor Wessing

Webinars 

Digital Legal Academy 2024

• Session #1: EU Digital Legal Landscape 

To recording [German only]

• Session #2: Data & Data Protection: Starting signal for the data revolution? 

To recording [German only]

• Session #3: Digital Economy & Digital Markets: Fair competition for the digital economy? 

To recording [German only]

• Session #4: Cloud & Digital Infrastructure: New rules for the backbone of the digital economy 

To recording [German only]

• Session #5: Cyber Security & Cyber Resilience: How Europe is defending itself against hackers 

To recording [German only]

The battle for data treasures

• Our experts deal with the question of how manufacturers of IoT devices, users and third parties can best claim or defend against data access rights 
• Valuable practical insights are provided by Dr Behrang Raji, Legal Counsel for Data Protection at Eppendorf SE, one of the world’s leading manufacturers of laboratory equipment 
  

To recording [German only]

Tech meets law: the AI Act is coming - how to implement it successfully 
20. June 2024

• With the Artificial Intelligence Act, the EU clearly wants to take the decisive step towards regulating the technology of the future
• Basically, everyone who comes into contact with AI is affected - developers as well as companies that use AI tools
• Our experts summarise the most important legal innovations and provide valuable tips for implementation - the special feature: In addition to the regulatory perspective, we shed light on the concrete effects of the AI Act in practice

To register [German only]

The risk from cyberspace - update on the legal position
4. July 2024

• The EU has issued a raft of new regulations to protect the European economy and public services: NIS2, DORA, Cyber Resilience Act
• What do these regulations govern? Who do they affect and when must the requirements be implemented? From a practical point of view, we also want to analyse what to do if an “emergency” occurs. What are the practical steps? What needs to be done?
• Are such risks insurable at all? What do I need to consider when taking out a cyber insurance policy?

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

Tech Me Up! Session #5: The EU AI Act is live – Best practices for its implementation and setting up AI governance structures
9. July 2024

• An overview of the most important requirements of the new EU AI law and explanations of how they can be implemented in practice
• We are delighted to welcome our guest speakers from Teleion who will share their best practices in AI governance processes

To register

Event

Heidelberg Academy: IT rights in M&A transactions | 26 June 2024, hybrid event 

• The success of a transaction directly depends on the relevant legal principles being observed and correctly applied in the preparation and execution of the transaction 
• The seminar provides comprehensive information on the legal and organisational issues that need to be considered in M&A transactions when IT rights are involved
  

To register [German only]

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

The Digital Act for the healthcare sector in Germany: New requirements for the use of cloud computing services in the healthcare sector 

• On 1 July 2024, far-reaching regulations on the permissibility of cloud use in the healthcare sector come into force
• Providers of cloud computing services or software-as-a-service in the life sciences sector are also subject to the provisions of the Digital Act
• What legal and technical requirements do they have to fulfil?

Read more

Reform of emergency care to improve patient management

• Overloaded ambulance services, long waiting times in accident and emergency departments - emergency care providers have been overburdened for too long
• The Federal Ministry of Health presented a draft bill to solve the problems on 6 June 2024, in response to a White Paper published a few months ago 

Read more [German only] 

The official regulation of charges for physicians (GOÄ) binding for medical healthcare centres (MVZs), private clinics and medical GmbHs

• Federal Court of Justice (BGH) decision: A hospital operating company is bound by the provisions of the GOÄ and cannot claim flat rate fees
• The decision is applicable to MVZs, private clinics and medical GmbHs

Read more [German only]

Update on hospital reform

• On 15 May 2024, the Federal Cabinet passed the Hospital Care Improvement Act (KHVVG), taking a significant step towards the “major hospital reform” planned by Health Minister Karl Lauterbach
• The content of the government draft - what is new, what criticism has come from the public and what is the further timetable?

Read more [German only]

Hospital financing scrutinised under EU state aid law

• An association of around 30 private and non-profit clinics is currently taking legal action before the Berlin Administrative Court against payments to the state-owned hospital company Vivantes in Berlin
• We examine the complaints and appeals to the EU Commission and show what needs to be considered when financing hospitals from the perspective of EU state aid law

Read more [German only]

Retrospective financing agreement agreed for the telematics infrastructure connection for care facilities 

• Outpatient and inpatient care facilities should also become more digital, which is why they must connect to the telematics infrastructure (“TI”) by 1 July 2025
• The financing of the connection to the TI for care facilities has now been reorganised - the corresponding financing agreement now regulates the financing via the TI flat rate
• FAQ on the TI flat rate 

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

Coffee Break Life Sciences Start-ups  

• 19. Juni 2024: Session #6 R&D Collaborations

To register

• 17. Juli 2024: Session #7 Clinical trials in the pharmaceutical area: tips and tricks for CTA negotiations

To register

• 21. August 2024: Session #8 Clinical trials in the pharmaceutical area: tips and tricks for CTA negotiations

To register

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

To register

• 16. Oktober 2024: Session #10 Website, Social Media, Advertising & Co.

To register

• 20. November 2024: Session #11 Regulatory peculiarities: AI used in medical devices, combination products and companion diagnostics 

To register

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

To register

Event

6th Healthcare Charity Night | 27 June 2024, Berlin 

• Round off the evening with us over the rooftops of Berlin with drinks, finger food and music - you will also be able to make a donation to the Nikolaus Groß Essen Foundation
• Continue your conversations from the day on our office roof terrace: We are directly on Potsdamer Platz with a view of the Television Tower, Reichstag and Brandenburg Gate   

To register [German only]

Blogs

The Unified Patent Court

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

Read more

Q&A on the importance of gender-sensitive medicine 

• Why are gender-sensitive approaches in healthcare so urgently needed?
• What business opportunities do you see in closing the health gap for women and how could these be utilised?
• What role do digital health solutions play in the future of women’s health? 

Read more [German only]

Femtech - what is it and what should manufacturers bear in mind from a regulatory perspective? 

• The term “femtech” (or female technology) describes technologies - both software and other products - that are tailored to women’s health
• What special features arise from a regulatory perspective? 

Read more [German only]

Gender data gap and femtech: a legal perspective 

• The gender data gap - the neglect of women’s specific health data in research - significantly impairs the effectiveness and safety of medical treatment for women
• How does the law intend to fill this gap?
• A look at the current situation in Europe and the way forward

Read more [German only]

Femtech funding - opportunities and challenges 

• Start-ups that focus specifically on the development of digital services for women’s health issues have greater difficulties in raising sufficient capital
• Women’s health is not only being given more political attention, it is also being increasingly targeted by companies dedicated to women-specific issues 

Read more [German only]

Femtech and data protection - tips for health apps 

• The data collected by health apps is often very intimate health data - it is therefore essential that users are fully informed about the use of their data and can be assured that it will be stored securely
• The most important tips on data protection law 

Read more [German only]

Patenting of products for women 

• From a patent law perspective, it is definitely worth focussing on products and treatment methods developed specifically for women
• What needs to be considered? 

Read more

Event

Women’s health finally in focus: Will digital applications be the breakthrough for gender-sensitive medicine? 
25 June 2024, Berlin 

• The question is to what extent data utilisation and digital solutions have the potential to be a catalyst for gender-sensitive medicine
• The event, organised jointly with BVMed e.V., is dedicated to the status quo, future possibilities and necessary prerequisites for the use of digital health in gender-sensitive medicine
• Lively keynote and panel discussion, followed by a get-together with finger food 

To register[German only]

BGH: When are many warnings an abuse of law? 

• It is an indication of an abuse of law if a large number of warnings are issued in a dubious legal situation without seeking judicial clarification in the absence of a cease-and-desist declaration
• However, no abuse of law can be assumed without further evidence 
• A look at the other possible indications and practical tips 
  

Read more [German only]

Everything fragrant? BPatG confirms non-registration of an odour mark for golf balls 

• The decision of the BPatG confirms once again that the registration of an odour mark is still only possible in theory - to date, no odour has been registered as a trademark in either the German trademark register or the EU trademark register 

Read more [German only]

Webinar

Preliminary injunctions webinar

• Our experts from the UK, Germany, France, Austria, Belgium and Dubai discuss international perspectives on the use of injunctions in trademark and other soft IP disputes 

To recording

Podcast 

Billion-dollar European Football Championship: What is allowed in advertising - and what is not 

• Online advertising, posters, brochures: Nobody can ignore the advertising surrounding the European Football Championships
• What is allowed - and above all what is not 

To recording [German only]

Solar package I - overview of changes to ground-mounted and building-mounted PV systems  

• The “Solar Package I” came into force on 16 May 2024
• In addition to changes to the Energy Industry Act (EnWG) and the Metering Point Operation Act (MsbG), the Solar Package I is accompanied extensive changes to the Renewable Energy Sources Act (EEG)
• A summary of the main innovations for rooftop PV systems, ground-mounted PV systems including agrivoltaics and battery storage systems 

Read more

Berlin Faster Construction Act 

• On 9 April 2024, a first draft bill for the so-called “Schneller-Bauen-Gesetz” (law to accelerate planning and approval procedures for construction projects) was presented for the state of Berlin
• According to a press release from the Senate Chancellery, the law is intended to improve “the general framework conditions for building in Berlin”
• A look at the key points of the law 

Read more [German only]

Webinar

Practical tips for implementing the EU Regulation on Deforestation-Free Products (EUDR) 

• By 30 December 2024, the first companies must meet the requirements of the EUDR - the core task is to set up your own company in such a way that it can submit a due diligence declaration in the coming months
• Our experts show, among other things, which tasks companies that fall under the EUDR have, which raw materials and products fall within its scope  
• How and according to which timetable can companies implement the due diligence obligations of the EUDR? 

To recording [German only]

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

Frontiers - immigration update 

• An overview of the latest developments in immigration law 

Read more

Webinars

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]

HR Coffee Break #7: Interim Management –  the legal risks of temporary management 

• In times of a shortage of skilled labour, flexible personnel deployment models such as interim management - also known as temporary management - can be the solution, but such “bridging solutions” in particular are associated with a number of challenges
• Our experts will show you the legal risks and possible solutions when using interim managers 

To recording [German only]

HR Coffee Break #8: Work-life blending or the right to be unavailable? - Making contact outside working hours

• Are employees allowed to be contacted in their free time for work-related reasons and, if so, to what extent?
• Our experts explain the legal background to working hours and holiday leave for employees working outside normal working hours
• They show possible options for action for employers and highlight the effects of a ruling by the Federal Employment Court on company practice 

To recording [German only]

AI in financial services: Key regulatory considerations for EU investment firms 

• The European Securities and Markets Authority (ESMA) is aware of the risks posed by AI, which are particularly sensitive for retail investors, and published a first targeted statement on 30 May 2024
• The statement is intended to serve as general guidance for investment firms wishing to use AI-based systems for the provision of retail investment services
• In particular, it provides investment firms in the EU with guidance on how to ensure compliance with the MiFID II framework when using AI-based systems. 

Read more

Navigating risks in the UK and German asset-based lending markets: a comparative analysis 

• What is asset-based lending (“ABL”), what is it suitable for and how is it legally organised?

Read more

Changes to ad hoc publicity law as a result of the EU Listing Act 

• The EU Listing Act is a legislative package (consisting of a regulation and two directives) 
• The European legislator aims at strengthening the attractiveness of the capital markets in the EU and reducing the regulatory burden associated with their stock exchange listing for European issuers
• The article categorises the three main innovations in ad hoc publicity law and provides an initial outlook on the consequences for practice 

Read more [German only]

Anti-subsidy investigation: EU examines possible countervailing duties for Chinese electric vehicles 

• The Commission considers that there is evidence that Chinese car manufacturers benefit from Chinese government subsidies and that this has a negative impact on European operators by distorting competition
• According to reports, a corresponding investigation is to be finalised this month and any compensatory measures announced
• If the Commission comes to the conclusion that countervailing duties are necessary, there is a risk that duties will be levied retrospectively on all imported goods since the beginning of March 

Read more

German court outlines requirements for insolvency avoidance due to wilful disadvantage to creditors 

• In a recent decision, the BGH has further specified the requirements for a challenge under insolvency law due to wilful disadvantage to creditors in accordance with section 133 InsO
• Facts of the case, reasons for the decision and a conclusion 

Read more

German court finds that the presumption of knowledge in contestation claims extends to indirect shareholders 

• According to the Federal Court of Justice (BGH), a “related party” within the meaning of German insolvency law is also an indirect shareholder of a legal entity if it holds more than 25 % of the shares
• In this case, the court assumes that the legal entity has prior knowledge of the financial situation of its subsidiary
• Facts of the case, reasons for the decision and conclusion 

Read more