Germany

Recent Articles

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  09.02.2023

  Germany

  Wear­ables

  Digital assistance systems are gaining popularity for private use and at the workplace. This article shows the possibilities for using wearables at work and the related labor and employment law aspects.What are wearables?Wearables are items of small mobile computer technology that can be worn on the body, usually on the arm or head. They are primarily wearable, digitally networked devices such as smartwatches, smart glasses, smart rings, fitness bracelets and special clothing with extra functions. By providing information, evaluations and instructions, wearables can support employees in performing...

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  08.02.2023

  Germany

  Sus­tain­ab­il­ity Re­port: Scope of ap­plic­a­tion for EU and third-coun­try un­der­tak­ings

  The scope of companies that are obliged to submit a sustainability report is expanding.Traceability, comparability and transparency are the basis for assessing the ESG performance of companies – for analysts as well as for investors and debt providers. The credibility of sustainability reporting has been enhanced by the obligation of an audited sustainability report. The Corporate Sustainability Reporting Directive (CSRD) came into force on 5 January 2023. The CSRD, which has now been published in the Official Journal, specifies the scope of application of the CSRD, the possibilities for...

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  08.02.2023

  Europe

  EU Data Act – Fo­cus on Cloud Ser­vices: what is “func­tion­al equi­val­ence” … and is it ne­ces­sary?

  In the second Law-Now in our cloud services series on the proposed EU Data Act (the “Act”), we focus on the concept of functional equivalence. One of the aims of the Act is to remove barriers to access to data for both consumers and businesses. In pursuance of this in the context of cloud services, the Act introduces new rules to facilitate switching between providers of cloud services and other data processing services.The requirements relating to functional equivalence are a key component of the cloud switching obligations and, as currently drafted, have the potential to significantly...

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  08.02.2023

  Germany

  The Data Gov­ernance Act - Over­view

  Data is at the heart of the digital transformation. Access to and use of personal data and non-personal data play an important role in all sectors of the economy, science and other areas that serve the common good (e.g. mobility transition, digitalisation, tackling the climate crisis).The Data Governance Act (DGA) aims to create a legal framework for data sharing for the benefit of the European single market, ensuring neutral access to data and interoperability and helping to avoid lock-in effects (recital 2 DGA). The European Parliament adopted the DGA on 6 April 2022. As a Regulation, the DGA...

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  07.02.2023

  Europe

  New M&A Re­port is now avail­able

  The Emerging Europe M&A Report 2022/23, published by CMS  in cooperation with EMIS, presents in detail M&A deal statistics from 15 countries in the region and looks at trends and investment activity across key sectors and markets. The key findings of the CMS Emerging Europe M&A Report include the following:M&A activity across Emerging Europe rose by 5.6% in volume to 1,229 deals, as compared to 2021. In contrast, the total deal value fell by 20%, to EUR 32.93bnCross-border deal activity was a strongpoint, up from 743 to 815 deals, although values fell from EUR 38.2bn to...

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  03.02.2023

  Europe

  EU Data Act – Fo­cus on Cloud Ser­vices

  In 2021, the European Commission released its proposal for a “Data Act”, a far-reaching legal regime on access to and use of non-personal data in the EU. The basic premise underlying the Commission’s proposal is that industrial data – 80% of which is not used to date – constitutes untapped potential. Through the Data Act, the Commission aims to overcome the legal, economic and technical obstacles it believes to be responsible for the underuse of data, and to clear the way for increased data use.As highlighted in our earlier Law-Now, the Data Act proposal focuses...

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