News

The new German Accessibility Reinforcement Act “Barrierefreiheitsstärkungsgesetz” (BFSG) – How will this affect website operators?

On June 28, 2025, the new German Barrierefreiheitsstärkungsgesetz (BFSG) comes into force in Germany and obliges many companies to make their digital products and services accessible. The German law is based on the European Accessibility Act (EAA) from 2019. Digital accessibility means that websites, apps and other digital content must be designed in such a...

Reading time: 9 min

IT and Telecommunications

Working from home is not a less severe measure compared to a termination notice that changes the place of work

An employee whose place of work is to be changed by means of a change of employment notice does not have to be offered the option of working from home as a milder alternative. This was determined by the Baden-Württemberg Higher Labor Court (LAG BW) in its ruling dated November 4, 2024. Facts of the...

Reading time: 5 min

Employment law

Effective arbitration agreement despite exclusion of German law on General Terms and Conditions

The German control of General Terms and Conditions is often criticized as a “locational disadvantage” in the B2B sector. Respectively, companies try to escape its applicability. In cross-border transactions, such an escape can be achieved by choosing a different legal system as the applicable law. However, the question of whether German law can also be...

Reading time: 6 min

International Business Law

Forfeiture of virtual option rights after termination of employment

In its decision dated March 19, 2025 (case no. 10 AZR 67/24), the German Federal Labor Court delivered a landmark ruling regarding  the forfeiture of virtual stock option rights after termination of employment. The ruling specifically addresses Employee Stock Option Programs (ESOPs) that included contractual clauses stipulating that virtual options would lapse when employment ends.....

Reading time: 6 min

Employment law

Potential amendment of the “EU Supply Chain Act” – EU Commission plans simplifications for companies as set out in the so-called Omnibus packages

The so-called “EU Supply Chain Act” (Directive (EU) 2024/1760, hereinafter: ‘Directive’ or “CSDDD”), which relates to the due diligence obligations of companies with regard to sustainability, came into force on July 25, 2024 (see the article on the Directive by Sven Tjarks and Stephan Fischer published on August 29, 2024). The directive is also known...

Reading time: 6 min

Compliance

Managing director liability for cartel fines and investigation costs

If managing directors or board members breach their duties with regard to the management of a company, they are liable to pay damages to the company they represent pursuant to Section 43 (2) of the German Limited Liability Companies Act (GmbHG) or Section 93 (2) sentence 1 of the German Stock Corporation Act (AktG). Whether...

Reading time: 3 min

Directors’ Responsibilities, D&O

The “new” Art. 10a MDR

The new Article 10a of the Medical Device Regulation (EU) 2017/745 (MDR) has been in force since January 10, 2025. The regulation entails comprehensive information obligations for all economic operators in the medical device sector. The aim of the regulation is to identify potential supply bottlenecks for certain medical devices at an early stage and...

Reading time: 3 min

Medical device law, pharmaceutical law, healthcare

Update on the EU Deforestation Regulation (EUDR) in the HealthCare Sector

The EU regulation on deforestation-free supply chains (Regulation (EU) 2023/1115, or EUDR for short) presents companies with new challenges by requiring that commodities such as rubber, palm oil, soy, wood and cocoa are traced along the whole supply chain. While many industries are already working intensively on implementing the new requirements, the healthcare sector is...

Reading time: 4 min

Compliance

Bundesgerichtshof judgment on copyright protection for Birkenstock sandals

The daily press has already reported on the Federal Court of Justice’s “Birkenstock sandals” decision (judgement of February 20, 2025, case no. I ZR 16/24). For example, the F.A.Z. wrote on February 20, 2025: “‘Birkenstock sandals are not works of art and therefore do not enjoy copyright protection’, decided the highest German civil judges.” Many...

Reading time: 4 min

Trade and Distribution Law

What to do in case of suspected money laundering

Many businesses are legally required to help prevent money laundering. This obligation is often referred to as “Know Your Customer” (KYC). If a company suspects that a business partner is involved in money laundering, they usually cannot remain inactive. Courts have reinforced this duty in recent rulings. The: Submission of a money laundering suspicion report...

Reading time: 3 min

Compliance

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