Germany Archives

In Data Privacy

Data Protection Day – Key developments and trends for 2023

January 26, 2023 by Benjamin Slinn, Vinod Bange, Dr Lukas Feiler, Alissa Forstner, Liz Grimwood-Taylor, Anne-Marie Allgrove, Anne Petterd, Caitlin Whale, Adrian Lawrence, Toby Patten, Guillermo José Cervio, Valentina Salas, Valentina Biondi Grane, Elisabeth Dehareng, Caroline Serbanescu, Flavia Rebello, Theo Ling, Conrad Flaczyk, Nadia Rauf, Carolina Pardo, Magalie Dansac Le Clerc, Yann Padova, Florian Tannen, Dr Michaela Nebel, Prof. Dr. Michael Schmidl, Jiří Čermák, Milena Hoffmanová, Lenka Bešťáková, Francesca Gaudino, Yuki Kondo, Daisuke Tatsuno, Kensaku Takase, Dr. Csaba Vári, Marcia Lee, Benjamin Lau, Daniel Villanueva-Plasencia, Carlos Vela-Trevino, Elvia Aragon, Nathalja Doing, Teresa Tovar, Bienvenido A. Marquez III, Frederick August I. Jose, Radoslaw Nozykowski, Patricia Pérez, Peder Oxhammar, William Höglund, Emelie Ageby Svensson, Margarita Kozlov, Johanna Moesch (Mösch), Nadine Charrière, Muriel Binder, Jo-Fan Yu, Dhiraphol Suwanprateep, Pattaraphan Paiboon, Kritiyanee Buranatrevedhya, Thananya Chaikamonsuk, Can Sozer, Yigit Acar, Ecem Elver, Aybuke Gundel, Kellie Blyth, Maher Ghalloussi, Alex Toh, Ken Chia, Cristina Messerschmidt, Rachel Ehlers, Cynthia Cole, Brian Hengesbaugh, Stephen Reynolds, Nick Merker, Harry Valetk, Lothar Determann, Jonathan Tam, Helena Engfeldt, Maria Eugenia Salazar-Furiati, Manh Hung Tran and Jacqueline Wong 102 Mins Read

28 January 2023 is 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 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…

In Blockchain

NFTs in metaverse gaming: Taking a view on Regulatory, IP and Transactional implications from a German law perspective

May 18, 2022 by Manuel Lorenz, Tino Marz and Andreas Jagusch 38 Mins Read

I. Introduction This article focuses on the use of NFTs in metaverses. At first, we will briefly introduce NFTs, particularly in the video games industry. Video games feature vast virtual worlds that are a considerable part of many companies’ metaverse strategy, with many of the major fashion brands bringing their products to video games. Subsequently, we will provide insights concerning two key legal areas for NFTs: financial regulation (Section II) and intellectual property rights (Section…

In Digital Transformation

Freelancers and Misclassification Risks in Germany – New legal Boundaries for Gig Economy?

August 11, 2021 by Christian Koops and Ludmilla Maurer 12 Mins Read

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…

In Technology, Media & Telecoms

Germany: Media Regulatory Update Series

August 2, 2021 by Sebastian Schwiddessen and Andreas Jagusch 4 Mins Read

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 Video Games

Key Employment Law Topics in Video Games M&A | Part 3: Freelancers and Misclassification Risks in Germany

July 14, 2021 by Christian Koops and Tino Marz 14 Mins Read

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…

In Data Privacy

The third anniversary of the GDPR: Looking ahead

May 25, 2021 by Benjamin Slinn, Magalie Dansac Le Clerc, Yann Padova, Dr Michaela Nebel, Raul Rubio, Francesca Gaudino, Jennie Nilsson, Dr Lukas Feiler, Prof. Dr. Michael Schmidl, Nathalja Doing, Radoslaw Nozykowski and Elisabeth Dehareng 27 Mins Read

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…

In Data Privacy

Data Protection Day – Looking ahead to 2021

January 28, 2021 by Benjamin Slinn, Elisabeth Dehareng, Magalie Dansac Le Clerc, Julie Martinez, Julia Kaufmann, Michaela Nebel, Francesca Gaudino, Raul Rubio, Jennie Nilsson, Kensaku Takase, Joan Tan, Jacqueline Wong, Flavia Rebello, Brian Hengesbaugh, Harry Valetk and Ken Chia 25 Mins Read

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…

In Healthtech

How to get Governmental Funding for Digital Health Apps in Germany

July 23, 2020 by Julia Kaufmann, Holger Lutz and Frank Pfluger 1 Min Read

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…

In Video Games

Germany: Political Initiative Regarding the Non-Profit Status of Esports Clubs – Good News or Bad News?

July 14, 2020 by Nepomuk Nothelfer 8 Mins Read

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…

In Video Games

German Regulator KJM Enforces Youth Protection Laws against Foreign Media and Platforms

June 10, 2020 by Sebastian Schwiddessen 5 Mins Read

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…