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Introduction Digital transformation has gained traction in recent years and affects employment relationships more than ever. The emergence of the so-called platform economy is certainly the epitome of this development. However, new technologies and methods of collaboration also need to comply with legal requirements. At the end of 2020, the Federal Labour Court (FLC) likely turned the platform business model upside down, when the judges decided that a crowdworker using a platform’s app on a…

Since November 2020, Germany has begun to introduce a myriad of media regulatory obligations that will affect a wide range of different media and technology service providers. Due to the number of new developments and regulatory rules included in several different laws, which apply to multiple services, it can be difficult not to lose track of all requirements. Therefore, we are starting a series that covers the most relevant requirements and to whom they apply,…

In Part 3 of our blog articles series on Key Employment Law Topics in Video Games M&A (see part 1 here and part 2 here) we will conclude the series by focusing on the regulatory and employment law environment in Germany with respect to the use of external workforce. Misclassification risks are the most common employment law-related “red flags” in video game transactions. Therefore, it is of vital importance to understand the legal consequences of…

The 25 May 2021 marks the third anniversary of the GDPR coming into force. As we have moved from preparation for the GDPR to business as usual compliance with the GDPR, regulators have focused on various issues in different jurisdictions. Although we are now three years into compliance with the GDPR being part of our day to day operations, it is clear that interpretation and expectations regarding compliance from the courts and regulators continue to…

Happy Data Protection Day! The 28 January each year is celebrated as Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2021, we have summarised some of the key trends and developments in the EU, UK and beyond from a data protection perspective and looking ahead to what to expect for 2021. You can jump to specific country…

The Digital-Supply-Act (Digitale-Versorgung-Gesetz, “DVG”), which aims to further promote digitization in the German health care system, entered into force on 19 December 2019 and regulates, inter alia, the prescription of Digital Health Apps by HCPs (including the cost bearing by statutory health insurance). Patients insured with statutory health funds are eligible for reimbursement of Digital Health Apps. As of this August, prescription for Digital Health Apps will be available, according to statements made by the…

On June 16, 2020 the largest parliamentary group in the German parliament (“CDU/CSU” holding about 35% of the seats) agreed on a white paper (German), which sets the goal of strengthening voluntary work in Germany. The paper outlines measures intended to be implemented in German law in 2021 – approximately nine years after the last modification in this area of law. Among other things, the paper addresses the question of whether esports can be considered…

The German head regulator for youth protection in online matters (Commission for the Protection of Minors in the Media – KJM) issued a press release (German) according to which it has engaged in enforcement action against three Cypriot providers of adult content (pornography). The action by the KJM is the outcome of a long debate and process and might indicate a shift in the regulatory practice vis-à-vis foreign and EU providers, which also has general…

As it is currently being reported in many German news outlets, the Federal Review Board for Media Harmful to Minors (Bundesprüfstelle für jugendgefährdende Medien, “BPjM”) has (upon application) opened proceedings to blacklist the mobile game Coin Master for its in-game monetization model which is allegedly targeted towards minors and would involve gambling-like elements. The game came under scrutiny in the wake of several adverse news articles in well-known German magazines and newspapers for its in-game…

The German State Bavaria has published a draft for a new guideline (Draft JuSchRiL) on the interpretation of the Interstate Treaty for the Protection of Minors (JMStV). The JMStV regulates, inter alia, youth protection matters for online media in Germany (including online video games, mobile games and apps). The new guideline – which clearly serves as a reaction to the ongoing loot box and monetization debate – states, among other things, that “advertisement which is…