Germany

EU: Corporate group companies tendering separately in public tenders may need to prove absence...

In an opinion issued on 22 November 2017, EU-the Advocate General confirmed that the EU competition law provisions do not apply to companies that are part of the same corporate group. However, assurances from those companies might be necessary in case of simultaneous participation in public tendering process in order to protect the free and fair competition between all tenderers.

Baker McKenzie releases Global Corporate Liability Handbook

Building on the success of 2016’s “EMEA Corporate Liability Handbook,” we are pleased to present you with the first global edition that collates and describes in detail the corporate liability and corporate crime regimes of countries in Asia, EMEA and the Americas.

2nd EU Study on Corruption in the Healthcare Sector released: What you should do...

On October 7, 2017, the EU Commission published its updated study on corruption in the EU healthcare sector. Companies in the healthcare industry should rethink their policies and procedures based on the results of this Europe-wide study.

New Value-based Filing Thresholds in European Merger Control Regimes – Implications for Healthcare and...

Germany and Austria recently introduced new alternative merger control thresholds based on transaction value. At EU level the introduction of a value-based filing threshold is also being discussed.

German Labor Court: Employee can be liable for CEO Fraud

In a CEO fraud case the Regional Labor Court of Saxony ruled that the financial director authorizing the payment can be held (partially) liable. The amount depends on the efforts of the company and its management to prevent such fraud cases.

German Federal Court of Justice: Compliance Management System can lead to reduction of a...

The German Federal Court of Justice ruled that a compliance management system can reduce a fine. What are the prerequisites?

German Federal Labor Court: Employer cannot use information from secret keylogger software as evidence...

Information obtained via a keylogger software secretly installed on an employee's computer cannot be used as evidence in court - some exceptions apply.

German Federal Constitutional Court preliminarily prohibits prosecutors’ use of documents seized at investigating law...

On 26 July 2017 the German Constitutional Court ordered a restraint on the use of law firm seizures. The Court held that Munich Prosecutors could - for the time being - not assess the material they had seized in the course of a dawn raid at a law firm's office.

New Transparency Register Will Affect Many German Companies

On 26 June 2017 the new German anti-money laundering act has entered into force. Besides inter alia meeting increased risk demands and the intensified financial penalties, the 4th EU AML Directive prescribes a transparency register in the foreseeable future.

German Data Retention Obligations Suspended

On 28 June 2017, the German telecommunications regulator decided to suspend enforcement of the provisions of the German Telecommunications Act which required providers of publicly available telephone services for end users and providers of publicly available internet access services for end users to retain certain metadata from 1 July 2017 onwards.

Send this to a friend