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On ISDS Reform and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators
The reform of investor-state dispute settlement (ISDS) has been on the agenda of Working Group III of the United Nations Commission on International Trade Law (UNCITRAL) since 2017. An intermediate…
Extended scope of investment screening creates further obstacles for M&A transactions
German investment control law has been tightened again. More and more transactions can be reviewed by the German Federal Ministry for Economic Affairs and Energy (“FMEA”). For the fourth time in…
Strong customer authentication via apps - who takes responsibility for personal data?
Payment service providers must implement "strong customer authentication" in online payment transactions by the end of this year at the latest. A grace period granted by the Federal Financial…
German Bundestag adopts new Act to curb misuse of warnings
The first discussions relating to the new German “Fair Competition Enhancement Act” took place over a year ago and since then things have been quiet. Now, within the course of only one month, both…
The Hague Convention on the Enforcement and Recognition of Foreign Judgments in Civil or Commercial Matters: game changer or non-starter?
On 2 July 2019 the Hague Conference adopted the “Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters” ("the Convention"). The Convention was…
Sozialversicherungsrecht: Was GmbH-Geschäftsführer, Gesellschafter und Organmitglieder von Kapitalgesellschaften zur Sozialversicherungspflicht wissen müssen
GmbH-Geschäftsführer, Aktienvorstände und Gesellschafter von Kapitalgesellschaften sind keine Arbeitnehmer. Damit ist die Frage nach ihrer Sozialversicherungspflicht allerdings noch nicht…
Is it possible to terminate an employment relationship during parental leave?
Employees on parental leave in accordance with the legal requirements are subject to special protection against dismissal in accordance with Section 18 of the Federal Parental Allowance and Parental…
The future of economic relations between Germany and the UK with regard to data protection
According to the 2020 European Strategy for Data, data is an essential resource for economic growth. The EU estimates that the data economy in 2025 will be worth 829 billion euros in the EU alone. As…
German Trade Secrets Act - appropriate confidentiality measures and meaningless non-disclosure clauses
The German Trade Secrets Act (Gesetz zum Schutz von Geschäftsgeheimnissen, GeschGehG), which entered into force in April 2019, has triggered a discussion on the question of what is meant by…
An employee’s obligations when dealing with company data: extraordinary termination due to the deletion of data
Pursuant to the general rules for mandates, applied accordingly to employment relationships, an employee must deliver to his/her employer everything that he/she was given for the performance of…