Pulse 3.205 – an update from Taylor Wessing

On International Women’s Day 2025: Germany’s long road to gender equality - a review by a contemporary witness 

• Taylor Wessing commemorates International Women’s Day every year and this year the law firm is publishing an essay by Dr Gisela Wild (92) which sheds light on the history of equal rights in Germany
• In 1970, Dr Wild was the first female full partner of our law firm in Hamburg and received the “Maria Otto Prize” for her contribution to legal history - an award established by the German Bar Association in memory of the first German female lawyer Maria Otto in Munich in 1922 

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GPAI Code of Practice - Third Draft: Changes to Copyright Compliance Requirements 

• To facilitate compliance with its requirements, the AI Act provides for the creation of practice guidelines for the use of GPAI models 
• If the EU Commission approves the draft, it will have “general validity” within the EU 
• By adopting the approved GPAI Code of Practice, organisations can demonstrate their proactive compliance and potentially avoid regulatory audits and penalties 

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New decision of the Federal Court of Justice Germany: Birkenstock sandals are not art 

• The Federal Court of Justice is dealing once more with the copyright protection of consumer goods: The well-known shoe manufacturer Birkenstock sued in three parallel proceedings against retailers who each offer their own shoe models that are similar to four Birkenstock models
• In essence, the question was whether the Birkenstock models are “works of applied art” 
• A look at the proceedings and future developments

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Compensation for incorrect SCHUFA report: Analysis of the Federal Court of Justice’s ruling of 28 January 2025  

• A SCHUFA (General Credit Protection Agency) report falsely created by a company about a woman justifies her claim for damages 
• A look at the facts of the case, the legal background and the main statements of the Federal Court of Justice - in particular on the amount of damages  

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Compensation for data breaches - A quantitative analysis 

• As a data protection breach often does not result in any actual financial loss (“material” damage), the GDPR also grants entitlement to compensation for “immaterial” damage
• However, case law has not yet fully clarified when such “immaterial damage” exists and how high it should be assessed
• A detailed analysis of the sums awarded to date in German case law 

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Advocate General Szpunar: Exemption from liability and data protection responsibility of hosting services for user content 

• In the proceedings X v. Russmedia Digital SRL, Inform Media Press SRL ("Russmedia", Case C-492-23), Advocate General Szpunar delivered his opinion
• The proceedings concern four questions on the liability of an online marketplace operator for user content, which the Cluj Court of Appeal had referred to the ECJ for a preliminary ruling
• Legally decisive are the exemption from liability under the E-Commerce Directive, the data protection role in data processing under the GDPR and the interaction of the two legal acts 

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ECJ on scoring: Comprehensive data protection information obligations 

• In its judgment of 27 February 2025 in Case C-203/22 (Dun & Bradstreet), the ECJ ruled on so-called scoring
• Controllers who subject data subjects to automated decision-making in accordance with Article 22 GDPR must provide detailed information on the data and formulas as part of the data subject’s right to information
• Background, reasons for the decision and practical recommendations 

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Integrating AI software into business operations: ensuring data protection compliance 

• Artificial intelligence (AI) has become a cornerstone of modern business processes and offers solutions ranging from automating routine tasks to providing in-depth insights through data analysis
• However, to ensure compliance and maintain stakeholder trust, the integration of AI systems requires a thorough understanding of data protection regulations 
• What needs to be considered 

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Podcast

Data transfer as an ongoing issue: current developments and challenges 

• In our latest episode, our experts look both to the East to shed light on the challenges of data transfer to China and to the West to discuss the uncertain future of the fledgling EU-US Data Privacy Framework (DPF)
• Complaints by NOYB against Chinese companies, the uncertain future of data flows to China and other “unsafe” third countries as well as political developments and their impact on data transfers to the USA will be discussed 

To the Podcast [German only]

LLMs and data protection - best friends forever? 

• The legality of data processing in the context of AI systems was already being addressed by data protection experts long before the AI Act 
• Together with Simon Pentzien, our experts take a closer look at a topic that has been discussed intensively over the past year: Are LLMs (Large Language Models) personalised? And what is an LLM anyway? 

To the Podcast [German only]

Webinars

AI Act decrypted - Legal and technical strategies for building compliant AI systems 

• How can companies harmonise innovation and compliance within the framework of the AI Act?
• Join Merantix Momentum for our expert webinar combining legal and technical strategies with real-world applications 
• Learn how to minimise risks, seize opportunities and develop AI systems that create real business value  

To recording [German only]

Where is NIS-2 heading? - legal and practical tips for implementation 

• The NIS 2 Directive is intended to raise cyber security in the EU to a new level but the end of the traffic light coalition has thrown the timetable for its transposition into German law into disarray 
• How the legislation is now progressing, which companies are affected and what the requirements are 
• In addition, Mario Melmer from HvS consulting showed how NIS 2 compliance can be ensured in practice, what stumbling blocks there are during implementation and what costs and time are involved 

To recording [German only]

AI expertise - basic knowledge for your employees and external parties 

• Fulfil your company obligations - mandatory training in accordance with Article 4 AI Regulation (basics and basic competence) 
• From 2 February 2025, the first implementation deadline of the AI Regulation will expire. Thereafter, all companies are obliged to take measures to ensure that their staff and external parties who come into contact with AI systems in their company have sufficient AI competence 
• With our basic training, we provide your employees and external parties with the necessary expertise to understand the risks and opportunities of AI as well as the legal foundations 

To the overview of chargeable training dates [German only]  

Digital Legal Academy 2025 Session #1: What is important when using AI tools  

• Companies of all industries and sizes are looking for ways to utilise AI to increase productivity, improve operations and gain an edge in an increasingly competitive global marketplace 
• What do companies need to do to implement AI tools in a legally compliant manner? What deadlines must be observed and when are fines threatened? 
• Our experts show ten slides to make users “AI ready” 

To recording [German only]

Digital Legal Academy 2025 Session #2: What is important in the development of AI tools 

• AI is more than just a technical innovation - the handling of data and the interaction between humans and machines is being fundamentally reshaped 
• Companies that develop high-risk AI systems bear a particularly high level of responsibility and they are subject to particularly strict regulation 
• How can personal data be protected? How can bias and discrimination be prevented? What data can be used to train the AI? 

To recording [German only]

Digital Devices Discussions | Session #3: Data Protection and Data Exploitation for Smart Machines and Gadgets under the new EU Digital Regulations 

• As part of the EU’s so-called digital strategy, a wave of new digital regulations is sweeping across companies in the EU 
• Whether you manufacture, distribute or provide aftermarket services for smart machines and devices, you need to be prepared for the upcoming paradigm shift while complying with existing regulations such as the GDPR 
• In this third issue, we give you an overview of the most important digital regulations that can affect not only your products, but also your business activities, and provide you with practical tips on how to best manage the flood of regulations and the work ahead. 

To recording [German only]

Product liability: new rules for physical and digital products 

• As a result of the new Product Liability Directive, the liability risks for companies placing products on the EU market will increase and it will be easier for consumers to make claims
• This webinar focuses on the extension of product liability to software and AI 
• We discuss what is relevant for companies bringing innovative products to the EU market and the practical steps they can take to ensure compliance 

To recording [German only]

Blogs

Artificial intelligence 

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

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Data Centre Expertise

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Global Data Hub 

• Insights and advice on data protection issues 

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Interface

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

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Metaverse

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

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Systems Outage: Analysis & Response 

• The global IT outage on 19 July hit companies in various sectors hard and had a significant and lasting financial impact.
• If your company has been affected and you would like to explore the possibility of filing a compensation claim without any upfront financial costs, we will be happy to help you

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Online content safety

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

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New product liability risks for AI products 

• The new EU Directive 2024/2853 on product liability came into force on 8 December 2024 and signified a major milestone for consumer protection 
• The new Product Liability Directive aims to modernise product liability rules and remove barriers for consumers. It also significantly changes the current product liability risk landscape 
• What companies should know about the new product liability regulations that use AI in products such as a medical app 

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The regulation of clinical trials in which AI is deployed 

• Companies that develop pharmaceutical or biotech products and use AI in some form in their clinical trials need to consider that the implications of these applications are likely to be of interest to regulators 
• Although the AI Act does not apply to certain research applications of AI, these exemptions provide little or no protection for AI applications in clinical trials, where a variety of regulations and guidelines potentially apply 
• What needs to be considered? 

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Data privacy in AI due diligence 

• Artificial intelligence (AI) is transforming many industries, including healthcare and life sciences but progress requires extensive use of data 
• Before entering into contractual agreements, organisations must carry out thorough due diligence to ensure compliance with data protection regulations and minimise potential risks 
• The article explores key privacy considerations in pre-contractual AI due diligence, focusing on legal obligations, risk mitigation strategies and ethical concerns 

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Purpose limitation and data minimization: key considerations for AI training in the life sciences sector 

• As AI continues to revolutionise the field of life sciences, the use of real-world data to train AI models is becoming a critical factor in the advancement of research, drug development and healthcare solutions 
• However, when handling personal data, life sciences companies must strictly observe two core principles of the General Data Protection Regulation (GDPR): purpose limitation and data minimisation 
• These principles are not only regulatory requirements, but are also fundamental to ensuring data protection compliance and promoting trust among stakeholders 

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Selecting your AIA notified body 

• Manufacturers/providers of medical devices that incorporate a high risk AI system (HRAIS) under the AI Act and require an assessment of their technical documentation and/or quality management system by a named body should urgently consider which named body they wish to designate 
• The choice of named body depends on its ability to carry out the assessment under the AI Act and the dates by which the manufacturer/provider needs its certificates both legally and commercially 
• An overview 

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Funding for cross-sector forms of care - the innovation fund 

• The innovation fund was set up to promote the further development of care in statutory health insurance and to support innovative forms of care and care research 
• The fund was first introduced in 2016 and is managed by the Federal Joint Committee - the aim of the innovation fund is to test and scientifically evaluate new approaches 
• An analysis of the recently issued funding announcements 

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Telemedicine update: What’s changing with video consultations? 

• Since 1 March 2025, important innovations in the area of video consultations have come into force that affect both doctors and patients 
• The basis for this is Annex 31c to the Federal Coverage Agreement for Physicians (BMV-Ä) - this specifies the requirements for ensuring the quality of care for telemedical services; they supplement the existing requirements of the BMV-Ä for video consultations and the teleconsultation agreement 
• A summary of the main contents of Annex 31c BMV-Ä 

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The UPC: a new rocket docket for life sciences patent litigation 

• We recently contributed to a special report on life sciences IP strategy published by Intellectual Asset Management (IAM) 
• The “New Dawn for Life Sciences IP Strategy” report provides insights into the areas where life sciences IP strategy is being most radically reshaped 
• Our experts discuss how the new court has already left its mark on patent strategies in the healthcare sector and how pharmaceutical and medical device cases are helping to shape the UPC's jurisprudence 

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Podcast

Episode 4: SEPs and FRAND developments in the Unified Patent Court (UPC) 

• Our experts discuss the latest developments on SEPs and FRAND
• In particular, you will look at what we can learn from the case between Panasonic and Oppo, what questions remain unanswered and how this case relates to parallel litigation in the UK 

To the Podcast

Episode 5: How is substantive law developing in the Unified Patent Court (UPC)? 

• Our experts discuss developments in infringement and validity law at the UPC
• Particular attention is paid to the doctrine of equivalence and cases of inventive step, and where the court acted by surprise or as predicted

To the Podcast

Webinars

Coffee Break Life Sciences: UPC – First learnings: Which standard applies the UPC for patents in pharma and biotech preliminary injunction cases? 

• Our experts look at the lessons learnt from the first 18 months of the UPC
• They provide an overview of how the UPC organises patent disputes in the pharmaceutical and biotechnology industries, in particular in connection with preliminary injunctions 
• They explain the key considerations for patent owners seeking to enforce their rights and for potential defendants to navigate the complexities of the new system  

To recording

Using AI to build your medical product in Europe 

• The event focussed on the impact of the AI Act on the lifecycle of medicinal products in Europe and the position of the EMA 

To recording

AI in the healthcare sector 
3 April 2025 

• AI can make diagnoses, support the development of new drugs or clinical trials
• There is no question that AI is also gaining ground in the healthcare sector but there are a host of regulatory requirements to be observed in order to protect patients’ health and particularly sensitive healthcare data
• Our experts show what companies in the healthcare sector need to look out for and what the latest trends and challenges are when introducing AI 

To registration

Unfair competition law consequences of inaccurate risk classification of medical devices 
16 April 2025 

• Are you involved in the distribution of medical devices? Then it is essential to ensure that the correct conformity assessment procedure is carried out successfully
• Our expert explains how you can master these complex requirements and avoid costly mistakes 

To registration

Digital Devices Discussions | Session #5: Implementing the EU Data Act: Digital Medical Devices and Health Apps in Focus 
22 May 2025  

• The Data Regulation creates a comprehensive framework for cross-industry data access and sharing, which has significant implications for digital medical devices and health apps
• These technologies increasingly rely on large amounts of sensitive health data
• In this issue, we highlight the key provisions of the EU Data Regulation that are relevant to the digital health landscape 

To registration

Digital Devices Discussions | Session #6: IP strategies and tools to protect hardware, software, data and know-how of machines & gadgets 
26 June 2025  

• As today’s digital devices become more innovative and intelligent, protecting the underlying intellectual property becomes increasingly difficult 
• This issue explores the legal possibilities of patents, copyrights, designs, trade secrets and beyond, and develops strategies to best protect the innovations of machines and devices 

To registration

Blogs

The Unified Patent Court

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

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Dubai chocolate: geographical indication of origin or method of preparation? 

• The hype surrounding “Dubai chocolate” caused a real storm in the industry - the price of a 150-gramme bar of chocolate shot up, and passengers smuggled 90 kilos of chocolate into Germany in their luggage
• But who is actually allowed to offer their chocolate under the name “Dubai Chocolate”?  
• Like the hype itself, the most recent court cases also made the headlines: While the Cologne Regional Court prohibited the sale of chocolate under this name unless it originated in Dubai, the Frankfurt Regional Court shortly afterwards recognised it as permissible information about the method of preparation 

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Advertising with environmental claims: BMJ presents draft for transposition of the EmpCo Directive into German law  

• As part of the “Green Deal” it has proclaimed - to become the first climate-neutral continent by 2050 - the EU also wants to better protect consumers and, among other things, curb misleading environmental claims like greenwashing
• In order to achieve this, it has launched two Directives that have been the subject of intense debate in practice since the drafts were presented in 2023: The Empowering Consumers Directive (EmpCo Directive) and the Green Claims Directive
• What do the guidelines contain, how are they implemented and what does this mean for companies? 

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“MARICÓN PERDIDO” - trademark applications with provocative terms 

• Imagine you want to register a trademark that you already use as the name of a popular product and the mark is so provocative that it not only attracts the attention of your customers, but also that of the European Union Intellectual Property Office
• This is exactly what happened to the production company of the Spanish TNT series “Maricón Perdido” - which translates as “hopeless faggot”
• Facts, reasons for the decision and consequences for practice  

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And we make trademark owners pay for it...! - USPTO raises fees for US trademarks 

• As of 18 January 2025, the United States Patent and Trademark Office (USPTO) has increased the fees for trademark applications, in some cases significantly, and introduced surcharges for certain cases
• The USPTO states that the increase in fees more accurately reflects the Office’s costs of providing trademark services and administering the US trademark system 
• Below we present the most significant increases and their practical implications for your US trademarks 

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Webinars

IP Talk Session #1: Case law overview

• How do the marriage proposal of the year, Pablo Escobar, the VW van and blue and green influence brand practice?
• In their case law overview, our experts analyse exciting current decisions by courts and offices in trademark law - they show which lines of development are continuing in case law and where new trends are emerging 
• Among other things, it is about distinctiveness, morality and 3D trademarks 

To recording

IP Talk Session #2: Soundmarks

• Rainer Hirt, founder of audity GmbH and creator of numerous sound brands, takes you on a journey through the entire development process - from the initial idea to the final sound product 
• At his side, our expert will explain the legal protection options and show you practical examples of how you can successfully enforce your sound trademark 
• Gain an in-depth, practice-orientated insight into a topic that is becoming increasingly important 

To recording

IP Talk Session #3: Reputation Management 
8 April 2025 

• A brand’s reputation is a crucial corporate asset that is jeopardised by scandals, social media attacks and high ethical expectations from consumers 
• Social media and a media landscape geared towards scandalisation can quickly escalate communication crises 
• What legal options are there to defend yourself against unauthorised attacks and protect your own brand? When does legal action even make sense? 

To registration

IP Talk Session #4: Algorithm meets Regulation
30 April 2025 

• In this session, we will examine the current regulation of advertising in the digital space: transparency, information and labelling obligations in the age of DSA, DMA and AI Act 
• An overview and outlook on the challenges for corporate advertising communication 

To registration

IP Talk Session #5: DSA Enforcement and Collective Actions 
14 May 2025 

• The last session of this year's IP Talk webinar series will focus on the enforcement of the DSA in Germany by associations and an update on representative actions  

To registration

Suggested Omnibus-adjustments to CS3D, CSRD, CBAM and Taxonomy

• On 26 February 2025, the European Commission presented the “Omnibus” package, which aims to streamline and simplify existing EU sustainability regulations to improve global competitiveness and reduce the administrative burden on companies
• The package provides for significant changes to the Corporate Sustainability Reporting Directive (CSRD), the Corporate Due Diligence Directive (CSDDD), the Carbon Border Adjustment Mechanism (CBAM) and the EU Taxonomy Regulation 
• An overview of the expected changes 

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EU Forces Labour Regulation 

• The EU Regulation on Forced Labour (FLR) was adopted on 12 December 2024 and will apply from 14 December 2027
• Although it focuses mainly on measures to be taken by Member States and the Commission, companies can already take steps to prepare for its implementation 
• How companies can prepare now 

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The EU Deforestation Regulation (EUDR) – key takeaways for companies after postponement 

• Regulation (EU) 2023/1115 on deforestation-free supply chains was originally due to apply to first-time companies from 30 December 2024, but the date of application has been postponed 
• Companies now have more time to ensure that products derived from certain relevant raw materials (so-called relevant products) are deforestation-free and have been manufactured in accordance with the national legislation of the respective country of production 
• What applies to whom and when 

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Waste packaging and sustainability

• According to official government statistics on waste in the UK, the volume of packaging waste recycled between 2022 and 2023 increased by 2.4% 
• The government is endeavouring to improve these statistics by introducing an extended producer responsibility system for packaging 
• The article analyses the developments and their significance for the future of companies 

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New EU ecodesign requirements and the circular economy 

• Global challenges related to pollution and climate change make a legal framework to promote a circular economy essential 
• A circular economy system aims to reduce waste and the continuous consumption of resources through the principles of reuse, repair, refurbishment and recycling to significantly reduce greenhouse gas emissions associated with production and disposal processes 
• We look at the European Union’s new Regulation (EU) 2024/1781, which creates a framework for setting ecodesign requirements for sustainable products (ESPR) 

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Understanding the updated product safety regime

• The EU has recently introduced significant updates to its product safety regime with the EU General Product Safety Regulation (GPSR) 
• The new rules replace the General Product Safety Directive (GPSD) to take into account emerging technologies such as artificial intelligence systems and IoT devices, circular economy practices and the globalisation of supply chains 
• We look at what this means for companies bringing products to the EU market and what we expect to see in the UK in the coming year 

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At a glance: ECJ judgement on customer installations in accordance with Section 3 No. 24a EnWG 

• When operating electricity and gas grids, German law distinguishes between (unregulated) customer systems (Section 3 No. 24a and b EnWG) and (partially or fully) regulated electricity and gas grids 
• Operating a customer system is significantly less costly than grid operation and more economically attractive 
• A new ECJ ruling, which deals with the conformity of the corresponding regulation with European law, now primarily affects companies that have opted for decentralised energy solutions 

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Changes to CBAM through “Omnibus” legislative package

• The European Commission has adopted a new package of proposals to simplify EU rules and increase competitiveness (the so-called “Omnibus” package)
• The package of measures should lead to far-reaching simplifications in the areas of reporting on sustainable finance, due diligence obligations with regard to sustainability, the EU taxonomy, European investment programmes and the regulation on the creation of a carbon border adjustment mechanism (CBAM) 

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Government change as a door opener for carbon capture and storage? 

• With the election victory of the CDU / CSU on 23 February 2025, the topic of carbon dioxide storage or carbon capture and storage (CCS) is also expected to return to the tables of MPs quickly 
• Its election programme stated that it wanted to “enable” the capture and injection of carbon dioxide in industrial processes in future 
• Legal foundations and their significance for the industry 

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Event

Young Hospitality Forum | Workshop & Social Networking 
1 July to 2 July 2025 
Frankfurt am Main 

• Sustainability, digitalisation and rising costs: the hotel industry will continue to face major challenges in 2025 - and it is precisely these that we would like to discuss with you at the Young Hospitality Forum 
• The Young Hospitality Forum in Frankfurt a.M. has been one of the most popular networking events for young professionals from the hotel industry for years 

To registration

Webinar

Municipal Wastewater Directive - clean wastewater, but who pays the price? 
3 April 2025 

• In order to improve water quality, reduce pollution and strengthen the protection of the environment and human health, the revised EU Urban Waste Water Treatment Directive (UWWTD) was adopted 
• The Directive sets out new requirements for wastewater treatment, including the introduction of a fourth treatment stage to remove micropollutants 
• This event will explain the regulatory requirements of the directive in detail and provide an overview of the implementation timeline 

To registration

EU responds to U.S. tariffs with countermeasures 

• On 12 March 2025, the EU announced countermeasures in response to the imposition of new US tariffs on steel and aluminium imports from the EU to protect the economic interests of EU economic operators 
• It is not yet clear whether there will be a political solution with the Trump administration like the tariff dispute in the first Trump term. The EU is emphasising its willingness to negotiate 
• Background, outlook and options for action 

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New EU-Russia sanctions in the wake of the Ukraine crisis 

• A look at the 16th sanctions package of 25 February 2025 

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Current changes to supply chain due diligence obligations, sustainability reporting and CO2 offsetting mechanism 

• The European Directive on due diligence obligations in the supply chain is to be harmonised and aligned with the German Supply Chain Act - however, both are not expected to go “live” (again) until 2028, after German politicians are likely to suspend the German law in 2025 
• At the same time, the recently intensified EU sustainability reporting obligations (CSRD/ESRS) are to be significantly reduced again (80% fewer companies and up to 35% fewer disclosures) and the taxonomy disclosures are also to affect fewer companies in future and be designed more pragmatically 
• Ultimately, the CO2 border adjustment mechanism (CBAM) should only affect 10% of importers (but 99% of emissions) 

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Webinars

With the smart package (bus) ticket through CSRD and taxonomy  

• The EU Commission’s Omnibus package of 26 February 2025 provides for far-reaching adjustments to sustainability reporting; something is coming - but the details remain unclear 
• Together with Julian Grenz, Head of Operations at Consust, we explain what companies should now do smartly and pragmatically (not too much and not too little) so as not to lose any time 
• The idea is to simplify software-supported and modular processes, improve sustainability, deepen due diligence, be prepared for VSME / ESRS and be “report-ready” in order to optimise valuations and ratings in a timely manner 

To recording [German only]

Digital Devices Discussions | Session #4: Sold! Successful distribution of Gadgets and Smart Machines in Europe - Tricks & Pitfalls 
24 April 2025 

• In this volume, you will learn how to avoid typical pitfalls: From unintentional infringements of competition law - just think of the new Block Exemption Regulation for vertical agreements - to inadvertently manufacturing a product that you do not even recognise 
• Data protection and data exploitation for smart machines and devices under the new EU digital regulation 
• Right through to labelling and modification in the context of product conformity - right through to solutions for “it was nobody’s fault” situations - effective allocation of responsibilities in the supply and distribution chain 

To registration

Blog

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? 

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TWheel: Navigating the Future of Green Claims: What do Automotive Manufacturers and Suppliers need to know? (Part 1) 

• The regulatory landscape for environmental advertising is changing rapidly and new EU directives are about to introduce stricter rules for green claims and strengthen consumer rights for the green transition
• These provisions will have a profound impact on how companies communicate their sustainability efforts 
• The article sheds light on what you need to know to act in a legally compliant and competitive manner 

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TWheel: Navigating the Future of Green Claims: What must Automotive Manufacturers and Suppliers consider? (Part 2) 

• The automotive industry faces unique challenges in the context of the new EU directives on environmental claims and energy labelling 
• As one of the industries most scrutinised for its environmental impact, manufacturers and suppliers must take proactive steps to ensure compliance while maintaining a competitive sustainability message 
• What aspects the automotive industry must now consider 

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TWheel: Media regulation meets mobility: How does the Interstate Media Treaty (MStV) affect the automotive industry? 

• The Interstate Media Treaty (MStV) is a German regulation that governs the rights and obligations of broadcasting, digital service and telemedia providers - at first glance, a regulation that should have little significance for the automotive industry
• However, for years there has been a little-noticed dispute between the German Central Supervisory Commission (ZAK) and car manufacturers about whether and how “in-car entertainment systems” should be regulated by the MStV 
• The Q&A explains the key points and background to this matter and why this topic is and will remain a key issue for car manufacturers and their digital vehicle services and functions in the future 

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TWheel: „Software als Produkt“ oder was bedeutet die neue europäische Produkthaftungsregelung für Software nach der überarbeiteten Produkthaftungsrichtlinie für Automobilhersteller? 

• The most important questions and answers at a glance 

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Will the new government exacerbate or ease the risk of bogus self-employment? 

• The CDU/CSU and SPD have concluded their exploratory talks at record speed - the likely future coalition partners have not adopted a position on the distinction between the self-employed and employees
• However, the outcome paper contains a statement that could certainly lead to greater legal certainty when commissioning self-employed persons: All “new” self-employed persons are to be included in the statutory pension insurance scheme 

Read more [German only]

Always setting targets 

• In recent months and years, courts have repeatedly been faced with the challenge of dealing with late or completely missing target agreements and the transition from target agreements to unilateral target setting
• The Federal Employment Court has now also been able to answer a previously unresolved question: What applies if the employer must unilaterally set a target and does so only belatedly or not at all? 
• Facts, reasons for the decision and practical tips 

Read more [German only]

Equal Pay Directive 

• On average, women in the EU earn 13% less per hour than men 
• The Directive aims to combat gender-based pay discrimination through pay transparency and improving the enforcement of equal pay rights and obligations for men and women 
• The most relevant regulations at a glance 

Read more [German only]

Skilfully implement equal pay as a core component of the ESG now! 

• Sustainable remuneration has long since ceased to be a purely specialised topic under stock corporation law or industry law for banks, hedge funds or insurance institutions, for example
• Rather, sustainable remuneration should already be an integral part of a non-discriminatory corporate culture - not least because of the Pay Transparency Directive 2023/970/EU, which must be implemented by 7 June 2026 
• Five workstreams and to-dos for companies 

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Works council participation in international matrix structures 

• Matrix structures are increasingly shaping the organisational structure of many companies 
• They are characterised by the fact that cooperation takes place across companies/enterprises, which, from an employment law perspective, decouples the right to issue technical instructions (“dotted line”) from the right to issue disciplinary instructions (“solid line”) 
• What needs to be considered from a legal perspective? 

Read more [German only]

Work/Life: international employment news update    

• Issue 114

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Podcast

Out of the crisis - with the right employment law measures 

• What do Continental, Commerzbank, Volkswagen and Bosch have in common? They all want to cut jobs with tens of thousands of jobs being affected 
• Economists are already comparing the downturn in the employment market with the global financial crisis of 2009 or the coronavirus crisis of 2020 
• How can personnel adjustments be implemented? How can costs be reduced in other ways and jobs secured at the same time? Are salary cuts an effective means? What legal and social risks do companies need to bear in mind? How does restructuring work before and during insolvency? 

To the Podcast [German only]

Webinars

HR Coffee Break #2: New government, new laws? What HR departments can expect after the general election 

• What happens after the elections? From exploratory talks and coalition negotiations to the swearing-in of the cabinet - the path to possible employment law reforms is long and complex 
• In this issue, just a few days after the general election, we give you an initial overview of the legal changes that could be in store for employers and employees depending on the new coalition government  

To recording [German only]

The crisis as an opportunity - principles and objectives of employment law transformations 

• Crisis situations require decisive entrepreneurial action - in our webinar we will give you a comprehensive insight into the basics of employment law transformation processes 
• Learn how to proceed strategically, how to organise such processes, which legal framework conditions you need to consider and how to successfully take the decisive steps in planning and implementation 

To recording [German only]

Goodbye gender pay gap - hello pay transparency 

• The time has come in 2026: this is when the European Pay Transparency Directive must be implemented by companies 
• The Directive provides for extensive information rights and reporting obligations in order to close the pay gap in companies and promote fair and transparent remuneration 
• Find out everything you need to know now to be prepared for the changeover in the webinar organised by Taylor Wessing and Cobalt 

To recording [German only]

Alternatives to downsizing 2 - Cooperation with the works council and trade unions 

• Constructive cooperation with the works council is a decisive factor in preventing redundancies and at the same time ensuring the profitability of your company 
• We explain how alternative cost-cutting measures can be developed together with the works council, the crucial role that location protection measures play for the preservation of jobs and how a collective restructuring agreement can be used as a strategic instrument 

To recording

HR Coffee Break #4: Tidying up company pension schemes: How can existing pension schemes be adapted (without damaging the balance sheet)? 

• Spring is often used to tidy up and clear out the cellar or garage and occupational pension schemes often have parallels with such rooms 
• Over the years, many pension schemes have often accumulated in parallel; it becomes increasingly difficult to maintain an overview, but it is better to leave the door closed because you have the impression that you won’t be able to resolve the issue in the short term anyway 
• Reason enough for our expert in company pension law to delve into the topic with you and explain the conditions under which existing pension schemes can be adjusted (without impacting the balance sheet) 

To recording [German only]

Remote Work Around the World – High-Risk Edition: All Eyes on Ukraine! 
2 April 2025 

• The future of work knows no borders - but what happens when the world is unpredictable or even dangerous and geopolitical risks come into play? 
• While many companies welcome the idea of “working from anywhere”, the reality in crisis regions is far more complex 
• In this webinar, we will take an in-depth look at the challenges and realities of remote working from high-risk regions, covering legal frameworks, safety concerns and employer responsibilities 

To registration

10 Pitfalls in German Employment Law #9: Hiring and working with independent contractors in Germany 

8. April 2025 

• Hiring an independent contractor is often an attractive and fairly straightforward way for foreign clients to set up their business in Germany without having their own employees on site 
• But this approach carries some significant risks if not done properly - misclassification, hidden employment risks and compliance pitfalls can lead to hefty fines and legal problems 
• In this expert-led webinar, we will introduce you to the 10 most common mistakes companies make and how to stay on the safe side of the law 

To registration

When downsizing is unavoidable - legally compliant preparation, planning and legal representation 
7 May 2025 

• If preventive measures to reduce costs do not achieve the desired effect, staff reductions are often unavoidable 
• In this webinar, we offer you a detailed step-by-step guide on how to implement a job reduction in a legally compliant manner, from the social selection to the reconciliation of interests to the social plan 
• Implement a fair and transparent downsizing process to provide your employees with the best possible support  

To registration [German only]

Transfer companies and outplacement - socially responsible solutions in practice 
14 May 2025 

• Transfer companies and outplacement programmes offer effective solutions to cushion the social consequences of staff cuts 
• In this webinar, you will learn how to set up a legally compliant transfer company, the advantages of tripartite contracts between employer, employee and transfer company and how outplacement measures help affected employees to quickly re-enter the labour market 
• Discover practice-orientated tools that both protect the company's interests and offer your employees a fair perspective 

To registration [German only]

Together through the transformation - who does what? 
10 September 2025 

• Managing transformation processes requires considerable capacity resources but such additional resources are often lacking in strained organisational structures 
• In this webinar, our experts will show you how you can use external resources to efficiently organise internal transformation processes 

To registration [German only]

Communication during the crisis - on an equal footing with the workforce, works council and trade union 
17 September 2025 

• In times of crisis, open and transparent communication is crucial to create trust and avoid conflicts
• In this webinar, we will explain how you can communicate with your employees and the works council on an equal footing, how you can effectively design internal and external communication strategies and how you can strengthen employee loyalty and reduce uncertainty by addressing them clearly and respectfully 

To registration [German only]

Transformation as a new start - sustainable organisational development after the crisis 
24 September 2025 

• After extensive restructuring, it is essential to make the company fit for the future and set the course for long-term success 
• Find out how you can keep an eye on the right key figures through effective monitoring, exploit potential with targeted process optimisation and optimally position your organisation for future challenges through strategic realignment 

To registration [German only]

Webinar

Structured insolvency - options for transformations by means of insolvency law 
1 October 2025 

• Get a comprehensive overview of reorganisation options during and after insolvency proceedings 
• We will show you which employment law aspects need to be considered when going through insolvency and how staff can be successfully adjusted 
• You will receive an overview of the course of insolvency proceedings and the different types of insolvency (standard insolvency, self-administration, protective shield proceedings) 

To registration [German only]

Webinar

AI compliance in the financial sector 
10 April 2025 

• Today, 70 per cent of companies in the financial sector are already using AI - and one of the biggest challenges is data security. 
• Risk management, asset allocation, customer relations: What are the trends for the use of AI at banks, insurers and other financial service providers? 
• What role do FinTechs play in the development of innovative tools? And what regulations apply to AI and cyber security? 

To registration [German only]