• Old Age Clause in CEO Employment Pact

      SFe - Washington. A German private limited company hired a chief executive officer with a fixed-term employment contract that ran through 2018 but terminated him in 2016 at age 60 under a retirement age clause in the same contract. The CEO sued, claiming a violation of sections 1 and 7(1) of the General Equal Treat­ment Act.

      German American Law Journal :: American Edition- 118 Leser -
    • Privacy: Lawyers to Outsource Cloud, Office Services

      CK - Washington. Beyond the confines of privacy laws, criminal law and professional codes constrain the disclosure of data by lawyers and other professionals. In light of §203 of the Criminal Code, professionals may be prosecuted for outsourcing janitorial work, secretarial help and certainly uploading client data to cloud services. On September 22, 207.

      German American Law Journal :: American Edition- 107 Leser -
    • Privacy: Data Collection, Storage, Use, Sharing and Loss

      CK - Washington. The continued Equifax data losses that by now affect half the Ame­ri­can population puzzles consumers who do not know if their financial and per­so­nal da­ta are lost. By contrast, Germans and most Europeans benefit from data trans­pa­ren­cy laws designed to protect their privacy and guide all who commercially collect, sto­re, massage and share data.

      German American Law Journal :: American Edition- 80 Leser -
  • No Copyright Infringement in Image Search

    LB - Washington. Displaying third-party thumbnail-size images on a website does not result in a copyright infringement when a search engine displays them, the Ger­man Su­pre­me Court for Civil Matters in Karlsruhe decided in Perfect 10 v. AOL Deutsch­land on September 21, 2017. The defendant offered a free image research feature and linked its website to the Go­og­le search engine.

    German American Law Journal :: American Edition- 69 Leser -
  • The Danger of Electronic Surveillance of Staff

    Poisonous Digital Harvest SFe - Washington. The top German court for employment matters in Erfurt examined whether an employer may electronically monitor its employees, using a keylogging system. It published its decision on July 27, 2017 in the matter 2 AZR 681/16. The defendant employer had installed keylogging spyware on all of its computers in order to observe their use b ...

    German American Law Journal :: American Edition- 77 Leser -
  • New E.U. Vendor ADR Rule Now Binding in Germany

    CK - Washington. Starting February 1, 2017, vendors are required to incorporate in websites and sales terms a new statement expressing their intent to participate in, or reject, formal non-binding dispute resolution programs with consumers to settle consumer disputes. The German Statute for Alternative Dispute Resolution in Consumer Matters, known as VSBG, implements E.U. rules.

    German American Law Journal :: American Edition- 79 Leser -
  • Copyright for Photos of Public Domain Artworks

    CK - Washington. A Wikipedia user uploaded to Wikimedia Commons digital scans of photographs of artworks in the public domain. The owner of the works, a museum which employed a photographer who took the analog photos, sued for breach of co­pyright in the photographs. On May 31, 2016, the Berlin District Court ruled in favor of the museum in the matter Reiss-Engelhorn Museum of ...

    German American Law Journal :: American Edition- 69 Leser -
  • Preventive Detention in German Law

    JBL - Washington. The European Court of Human Rights in Strasbourg backed preventive detention under German law in a decision published January 7, 2016 in Bergmann vs. Germany, application no. 23279/14. The justices ruled that national authorities may retrospectively extend the preventive detention of a dangerous offender like Mr. Bergmann.

    German American Law Journal :: American Edition- 89 Leser -
  • Link Liability in German Law

    MH - Washington. The German Supreme Court for Civil Matters ruled on the liability for external links in a decision published on January 5, 2016. It had announced its ruling in the matter I ZR 74/14 on June 18, 2015. The parties had raised the issue whether or not using links on one's business website leads to liability for the allegedly unlawful content of the page linked to.

    German American Law Journal :: American Edition- 62 Leser -
  • Reference to Retirement in Termination Notice

    Mission A forum for information sharing in the areas of German and American law, mainly where the two intersect, vary or intrigue. Editor Clemens Kochinke, the editor, is a German-American lawyer practicing in Washington, DC. Authors CK=C. Kochinke SR=S. Röttger JN=J. Nebel MP=M. Perz WM=W. Marx CS=C. Schosser JG=J. Gehrke EW=E. Wagner TD=T. Dardat SW=S. Wagner FS=F. Schlaga AC=A.

    German American Law Journal :: American Edition- 54 Leser -
  • Supreme Decision on Print, TV and App

    CK - Washington. While it has many private broadcasters, the German broadcasting market is dominated by a few public stations financed through a media-user fee levied on households. With the advent of the internet, the private media and print press cast a scronful eye on the public broadcasters and lobbied for a statutory prohibition on their competition in applications and in ...

    German American Law Journal :: American Edition- 29 Leser -
  • Privacy Rights of Co-Pilot and Family

    CK - Washington. Unlike American media, German media do not mention the full name of the co-pilot presumed to have killed 149 trusting passengers and himself in the French alps. Why? Privacy laws. Personality rights, not data protection laws, govern the mention of persons in the media. These rights are balanced against constitutional guarantees of free speech and press freedom, Art.

    German American Law Journal :: American Edition- 63 Leser -
  • Non-Poaching Clause in German Law

    CK - Washington. Sometimes, a landmark case in Germany is exciting to German lawyers, but when translated into English, an implied issue seems more important to an American reader. Contract penalties are such an issue, which the report Non-solicitation agreements enforceable only in exceptional cases by Hamburg attorney Christian Soltau mentions only in passing.

    German American Law Journal :: American Edition- 56 Leser -
  • New Statute to Stem Late Payment

    MJ - Washington. On August 23, 2014, a new statute, Gesetz zur Bekämpfung von Zahlungsverzug im Geschäftsverkehr und zur Änderung des Erneuerbare-Energien Gesetzes, an Act to Combat Tardiness in Business Payments and to Change the Renewable Energies, became effective. The objective of the statute is to solve the problem of late payments between business parties and between bus ...

    German American Law Journal :: American Edition- 19 Leser -
  • Uneducated? An Injustice!

    Compelling Case for a Right to Education SF - Washington. Everyone has the right to education. Article 26 of the Universal Declaration of Human Rights of December 10, 1948 . Education is one of those topics politicians love to talk about. Talk is cheap, though. as Ugo Mifsud Bonnici, former Maltese President and Minister of Education, explains in his latest book An Introduct ...

    German American Law Journal :: American Edition- 54 Leser -
  • Anti-Google Ruling has German Jurists Flustered

    CK - Washington. On May 13, 2014, the European Court of Justice invented an obligation to drop old newspaper announcements of legal actions from search engines under Article 4(1)(c) of European Union Directive 95/46, when it ruled on Google Spain SL, Google Inc. v. Agencia Espanola de Proteccion de Datos, Mario Costeja Gonzalez in favor of a data protection agency and a Spanish ...

    German American Law Journal :: American Edition- 38 Leser -
  • German Commercial Law Firms and Practice

    PS - Washington. Recently, the publishers of the annual handbook JUVE's German Commercial Law Firms introduced their 15th edition of the only book of its kind in English which focuses exclusively on German lawyers. The new edition lists close to 600 German commercial law firms. The catalogue is arranged by states, largest cities, international law firms, and practice areas.

    German American Law Journal :: American Edition- 12 Leser -
  • German Law: Ready for Drones

    CK - Washington. With statutory amendments to the aviation act in 2012 and regulatory implementations in 2013, Germany is somewhat ahead of the United States in establishing a legal framework for the civilian and commercial use of drones. The regulations revised after the amendment to the federal aviation statute classify drones up to a weight of 25 kilograms in section 6(2) as ...

    German American Law Journal :: American Edition- 39 Leser -

German American Law Journal :: American Edition

German American Law Journal / American Edition

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