News

20.12.2017

GER: Fixed-term employment contracts in football

In January 2018, the German Federal Labour Court (Bundesarbeitsgericht,“BAG“) is due to hold a hearing in an explosive legal dispute that could fundamentally change the transfer system in football.

fußball

It concerns the review of the goalkeeper Heinz Müller’s proceedings against his former association, 1. FSV Mainz 05 e.V. (playing in the German national league – 1. Bundesliga). In 2014, after the expiry of a two-year contract, Müller had sued, among others for the fixed-term being not imposed on the employment relationship.

(Read more)

20.12.2017

ECJ: Prevents the employer that the employee takes his entitlements for paid leave, the leave entitlement can be transfer unlimited and accumulated

calender

An employee must be able to transfer and accumulate unused leave entitlements if the employer does not allow him to take his annual leave as paid leave. EU law prohibits that an employee must take his leave before he can determine whether he is entitled to pay for that leave. In contrast to cases of long-term sick employees, a limitation of the transfer period to protect the employer’s interest is not required. This was decided by the Court of Justice of the European Union on 29 November 2017 (File.: C-214/16).

(Read more)

20.12.2017

GER: Labelling of advertising by influencers in social media

 

Paid posts by influencers in social media, such as Instagram, Facebook, Twitter, YouTube etc. must be labelled as advertising, otherwise not only the influencer but also the advertising company can be hold liable for concealing the commercial purpose of the post (surreptitious advertising). This can lead to claims for restraining the influencer and/or the advertising company from publishing the post as was done, possible damage claims and also to the imposition of fines.

(Read more…)

27.09.2017

PL: Increase in nominal capital of a limited liability company (sp. z o. o.) and the non-payment of a new shareholder’s contribution to cover the capital increase

The decision to increase the nominal capital is often made during the life cycle of a limited liability company (sp. z o. o.).

As a reminder: the minimum nominal capital of a Polish limited liability company is regulated by the provisions of the Polish Commercial Code and currently amounts to PLN 5,000.00. Companies established with this minimum level of capital are not in a position to establish a strong position in the market. These companies often have difficulties in obtaining a loan on preferential terms and attracting investors or business partners. The above-mentioned problems mean that such companies are unable to engage in certain areas because their own assets are inadequate. For this reason, in order to open up appropriate development opportunities for the company, the shareholders make a decision on the increase in nominal capital, which on the one hand grants the company additional funds or contributions in kind and on the other hand makes it appear more credible and strengthens its position in the market in relation to other companies. However, it should be noted that the capital increase of a Polish limited liability company may only be effected in accordance with the provisions of the Polish Commercial Code. (Read more…)

27.09.2017

GER: Admissibility of a statement of claim in Polish language

 

By a court decision of 15.03.2017, file no. 4 K 18/17, the 4th Senate of the financial court Hamburg (Finanzgericht Hamburg) decided that if the court, out of its own motion, caused a translation of a statement of claim, drafted in Polish language and filed in time, the statement of claim is deemed filed within the deadline.
(Read more…)

Newsletter Data Protection
24.07.2017

Germany: Amendments to the Federal Data Protection Act

On 25 May 2018, various changes in the processing of personal data come into force in Germany. The amendments are based on the entry into force of the Data Protection Regulation and the Data Protection Adjustment Act.

Therefore, companies should review their processes regarding the processing of personal data and, if necessary, adapt them to the new legal requirements.

E-commerce

In principle, data protection is applicable to the collecting and processing of personal data from consumers. Accordingly, the amendment to the Federal Data Protection Act will have an effect in particular in e-commerce.

(Read more…)

16.08.2017

Spain: Data Protection Regulation

30px

On May 25th 2016, REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION) entered into force.

Although European Regulations are directly enforceable in the member states, without any adaptation into national law), Spanish Government has decided to derogate Spanish current Act 15/1999 on Personal Data Protection and to submit a new Constitutional Act on Personal Data Protection which shall replace the one published in December 1999 and implements the modifications introduced by the EU General Data Protection Regulation.

So far, the Spanish Government instructed the Spanish National Codification Commission to prepare a new text of the Act, in collaboration with the Spanish Data Protection Agency (AEPD in the Spanish acronym) which is the public law authority overseeing compliance with the legal provisions on the protection of personal data.

The text was recently forwarded to the Ministry of Justice, which presented it to the Council of Ministers on 24 June 2017. The preliminary draft is currently subject to consultations, opinions and reports, including consultation with citizens and entities concerned, as well as the opinion of the Council of State. The new Act shall enter into force at the same time as the EU General Data Protection Regulation, i.e. in May 2018.

Considering the above, we cannot give you an overview on the final regulations in the new Spanish Personal Data Protection Act, but the text submitted for approval currently contains the following regulations:

(Read more…)

10.07.2017

Russia: The law introducing significant strengthening of liability for the violation of personal data regulations came into force

On July 1st, 2017, several amendments to the Code of Administrative Offences of the Russian Federation (hereafter – the Code) came into force[1], significantly elaborating on the list of offences in the sphere of personal data (PD) processing and increasing the penalties.

The amendments addressed Article 13.11 of the Code, which previously established liability for one major offence related to the data processing – the breach of legally prescribed procedure of gathering, storing, using and distribution of PD. The sanction stretched from an official warning to administrative fine limited to 10 000 RUB for companies.

The amended Article 13.11 diversifies and strengthens the liability, introducing seven general groups of offences related to PD, which themselves may have internal division between various administrative offences.

Five of seven Paragraphs of Article 13.11 require the special perpetrator – the operator of PD. According to the Federal Law No. 152-FZ of 27.07.2006 “On Personal Data”, the operator includes governmental body, municipal body, a company or a physical person, who, acting on their own, or jointly with other persons, organize and (or) directly perform the PD processing, as well as those who determine the purposes of processing, the amount of PD to be processed, and specific operations involved in PD processing.

Drawing particular attention is that operator of PD is liable for non‑publishing of its policy on data protection, as well as for depriving the third parties in any other way of access to such document, which is now explicitly stipulated in law. The obligation to elaborate and publicize the policy on data protection is established in the Article 18.1 of the Federal Law on personal data.

(Read more…)

Leaflets