Data Protection Conference presents concept for calculating fines for infringements of DSGVO
In October, the Data Protection Conference, a body consisting of the independent data protection authorities of the federal and state governments, presented the concept for calculating fines in proceedings against companies for data protection violations.
Commission publishes report on EU-US Privacy Shield
At the end of October 2019, the European Commission presented its report as part of the annual review of the EU-US Privacy Shields.
Structuring the employer's obligations to cooperate in the event of additional leave
In accordance with § 7 para. 3 BUrlG, leave can generally only expire if the employer has specifically requested the employee to take the leave and has clearly and timely informed him that the leave otherwise expires at the end of the calendar year.
Second Data Protection Adaptation and Implementation Act
On 25.11.2019, the Second Act on the Adaptation of Data Protection to EU Regulation 2016/679 and on the Implementation of EU Directive 2016/680 (2nd DSAnpUG-EU) was published in the Federal Law Gazette.
Regulators warn against use of Google Analytics
On 14.11.2019, numerous supervisory authorities of the federal states (Berlin, Brandenburg, Hamburg, Hesse, Lower Saxony, NRW, Rhineland-Palatinate, Saarland, Saxony, Schleswig-Holstein, Thuringia, Bavaria) and the Federal Commissioner for Data Protection and Freedom of Information (BfDI) published largely identical press releases on the use of tracking tools, in particular on Google Analytics.
Compensation for damages also possible without complaint in the award procedure
In its judgment of 17 September 2019 (Case No. X ZR 124/18), the Federal Supreme Court ruled that a company which, in an award procedure, did not make a breach of contract the subject of a review procedure before the Public Procurement Chamber by means of a complaint or withdrew a complaint, was not prevented from subsequently claiming damages before the civil courts.
New EU thresholds from 1 January 2020
From 01.01.2020, lower EU thresholds will apply to the award of public contracts and concessions.
Directive to strengthen shareholders' rights (ARUG II) will come into force on 01.01.2020
After approval by the Federal Council on 29.11.2019, the law will come into force on 01.01.2020.
Obligation of the manufacturer or importer to keep spare parts in stock
The OLG Frankfurt has decided in its decision of 18.02.2019 - 13 U 186/17 that a manufacturer or importer cannot be required to stock spare parts for an unlimited period of time from the end customer.
The burden of proof for the "negotiation" of contractual conditions
In a decision already published on 19 March 2019 (Az. XI ZR 9/18), the Federal Court of Justice (BGH) renewed that in the event of amendments to individual contractual terms it cannot be assumed at the same time that a clause which is not connected with this in the structure of terms and conditions is also seriously at issue.

Compliance Program VDMA

Compliance Program of the VDMA
The VDMA stands for free and fair competition. In order to guarantee undistorted competition and legal certainty for members in their daily work, the VDMA commits to an extensive compliance program.
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Asset Publisher

Annual Reports of Legal Serv ices
The current annual report 2018 of Legal Services has been published. Exclusively for our member companies it is available for download here.
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Manuela Green
Manuela Green
Assistant to the Head of Legal Services
+49 69 6603-1460
+49 69 6603-2460
RA Christian Steinberger
RA Christian Steinberger
Legal Counsel

Head of Legal Services
+49 69 6603-1361
+49 69 6603-2361
VDMA-Guide "Anti-Money Laundering
"Money Laundering - Compliance in the Mechanical Engineering Industry"