COVID-19: Overview of Deloitte Legal articles concerning the pandemic


Our articles attempt to provide an overview of the legal issues around the COVID-19 Pandemic. This site lists older Deloitte Legal articles concerning legal aspects of COVID-19.

Gain an overview of relevant legal topics in the different legal service areas. Please visit our landing page for the most recent articles regarding COVID-19 and other interesting legal topics. 

The new Corona Occupational Health and Safety Ordinance

Overview of the new regulations concerning home office and infection control at the workplace. Mehr

COVID 19 - Legislator decides in favor of commercial tenants/lessees and adopts statutory presumption

Corona pandemic may give rise to disturbance of the basis of the contract (Section 313 BGB). Mehr

Changes in the German Infection Protection Act

Overview of the significant changes in the German Infection Protection Act, including the right to compensation, suitable and appropriate measures to combat the COVID-19 pandemic, and clarification of the judicial process. Mehr

Corona Resolutions of October 28, 2020 and their operational implementation

Since the beginning of the COVID-19 pandemic, occupational safety, mobile work and short-time work have been at the focus of employer/employee relationships. The current pandemic events and the Corona Resolutions of October 28, 2020 require a review of measures already taken. Mehr

Economic Stabilization Fund - the concretizing Directives are (finally) there

The Economic Stabilization Fund or WSF had already been created by the corresponding Act back in March 2020 and was approved by the EU Commission at the beginning of July 2020. After a long period of political coordination, the Federal Ministry of Finance and the Federal Ministry of Economics and Technology have now (finally) issued the Directives that concretize the WSF. We explain the main contents. Mehr

Bill Mobile Work Act - MAG halted – what is next?

The further consultation of the draft of a Mobile Work Act presented by the Federal Minister of Labor Hubertus Heil was initially blocked by the Federal Chancellery. The subject of the political debate is in particular the claim to home office. We present the contents of the draft Act in more detail and give an outlook on foreseeable further developments. Mehr

The virtual members‘ meeting of a German Verein (registered association)

The German COVID-19 Act allows German Vereine (registered associations) to hold virtual general meetings. Our article shows what to consider when using this option. Mehr

SARS-CoV-2 Occupational Safety and Health Regulation came into force on August 20, 2020

Requisite occupational health and safety measures to be specified in more detail. Mehr

Duty to operate and protection against competition in commercial lease agreements

A topic-related analysis of the judgement of the German Federal Supreme Court of February 26, 2020 - XII ZR 51/19. Mehr

Legal issues around the COVID-19 Pandemic

"A little sacrifice saves lives." On 18 March 2020, German Chancellor Angela Merkel clearly emphasized the seriousness of the situation. The prohibition of the operation of commercial enterprises, educational institutions, restaurants and the possible expected curfew are necessary measures in the fight against the new COVID19 ARS-CoV-2. Mehr

COVID-19 measures: An overview on 26 countries across Europe

Facing the consequences of the COVID-19 Pandemic, which go far beyond the crucial element of public health, many European countries have prepared and implemented immediate measures in order to mitigate the social and economic impact of the outbreak. Mehr

Effects of COVID-19 on the future drafting of construction contracts

What effects does the COVID-19 Pandemic have on the drafting of new construction contracts? What contractual clauses could be included from the principal’s and the contractor's point of view in order to safeguard their interests in the event of a second wave of the COVID-19 Pandemic or other far-reaching crises? - The following article provides initial answers to these questions. Mehr

Contractual Trust Arrangements as internal liquidity source within company pension schemes

Options and restrictions in practice. Mehr

Economic Stabilization Fund

Guarantees and silent partnerships as stabilisation instruments. Mehr

Sound Compensation@RiG

The regulations on remuneration systems in the draft bill of the RiG. Mehr

Envisaged amendments to tax criminal law provisions contained in the German Fiscal Code (Abgabenordnung) as part of the planned Second Corona Tax Stimulus Act

The Federal Cabinet is expected to in the short term deal with a draft law on a Second Corona Tax Stimulus Act. Mehr

Unbundling and optimizing your entity lifecycle management

Tackling the ever-changing regulatory landscape. Mehr

Possible pandemic-related breaches of financial covenants in financing agreements

The Deloitte Legal working paper (download) provides recommendations for dealing with potential Pandemic-induced breaches of financial covenants in financing agreements. Mehr

Payment of rent in times of the COVID-19 Pandemic

The COVID-19 Pandemic poses particular challenges for the parties to existing leases - as well as numerous other parties involved in long-term contractual arrangements. The following article examines the question of temporary suspension or reduction of rent payments in commercial leases in times of the Pandemic. Mehr

M&A: Tightened rules for cross-sectoral transactions involving foreign direct investments

Amendments cause increasing transactional uncertainty. Mehr

Cash pooling and the COVID-19 Pandemic

What do managing directors and board members currently have to be mindful of? Mehr

COVID 19 and Management Board remuneration

Review of reduction of the remuneration by the Supervisory Board. Mehr

Ad-hoc disclosure obligation for financial figures

New developments and explanations by BaFin on the handling of forecasts and financial figures as well as dividend-related measures. Mehr

Contractual challenges in the face of disruption

Our main focus during this COVID-19 crisis will be turned towards the health of our family, friends, employees and society as a whole. From a business perspective, however, COVID-19 is having an unparalleled impact on businesses. Organisations are faced with uncertainty and the need to focus on ensuring the viability and continuity of business and to identify proactive measures that can be taken in order to mitigate and manage their risks. Mehr

Management of condominium ownership in times of COVID-19

Even the previous German Condominium Act (WEG) contains various regulations that can be useful to the administrator of condominiums in coping with his tasks in the current special situation. These are supplemented by the special provisions issued on the occasion of the Pandemic. Mehr

Supervisory Board meetings in times of the Pandemic

With the COVID-19 Pandemic Act, the legislator has created the possibility of holding virtual general meetings without the presence of shareholders. Mehr

The German Government decides on a further Corona relief program

Financial help for employees on short-time working and for employment seekers. Mehr

Reflections on the legal form after the crisis

Strengthening the equity base through third-party participation while at the same time securing control by the previous owners. Mehr

Sound Compensation under COVID-19

COVID-19 is also relevant to the remuneration systems of institutions. From an operational point of view, with questions on the regulatory treatment of KUG or other state wage replacement benefits, on the modification of the performance parameters of variable remuneration and its assessment in the current reference period. From a liquidity protection perspective, with questions on any measures that may be taken to preserve liquidity (e.g. modification of the total bonus pool). Mehr

COVID-19 Pandemic - supply to customers in case of continuing production and supply bottlenecks

After the first phase of the Pandemic had given absolute priority to the protection of health and the containment of the risk of infection, questions are now increasingly coming up - also with the aim of mitigating the economic consequences of the Pandemic - about an exit strategy and a return to the - new? - normal are becoming the focus of the discussion on COVID-19. Mehr

Company Pension Schemes under COVID-19 – Recent questions and developments

Company Pension Scheme in active employment and for pensioneers. Mehr

Energy law issues in times of COVID-19

The corona crisis can lead to the fact that certain deadlines and regulations for relief, e.g. within the framework of the Renewable Energy Sources Act, can objectively no longer be met or on-site inspections as part of an energy audit cannot be carried out. We have compiled the most important information for companies. Mehr

Duties of care and protection and liability risks for employers in connection with COVID-19

The end of uncertainty? With the SARS-CoV-2 Occupational Safety and Health Standard, the Federal Ministry of Labour and Social Affairs is contributing to increased reliability in occupational safety measures and standards to be observed in the face of the pandemic. Mehr

Impact of the COVID-19-Pandemic on the use of profits by corporations

With regard to and in connection with the economic consequences of the COVID-19-Pandemic, numerous questions of commercial and company law arise, which in part also interact with the possibilities of applying for loans under the KfW programmes and the scope for action when using KfW loans. Mehr

State aid and Antitrust COVID-19 update

State aid and antitrust exemptions for Life Sciences & Healthcare companies. Mehr

The employment during the pandemic

In our Deloitte Legal work paper "The employment during the pandemic" we discuss the ten most important labour law questions (and their answers) for HR practice in connection with COVID-19. Mehr

MAC Clauses in M&A transaction documentation and the COVID-19 Pandemic

Material Adverse Change Clauses, which have until now been rather rarely found in German law M&A transactions, will in view of the COVID-19 pandemic possibly again become the subject of intensive negotiations and more frequently become part of the transaction documentation. But do commonly used forms of MAC clauses apply in cases such as the COVID-19 pandemic? What must be taken into account in future negotiations and drafting? Mehr

Crisis management and data protection organization

Even if during the COVID-19-pandemic companies often focus on measures to maintain the actual core business and mission-critical business processes, the topic of data protection must not be ignored in view of the increasingly digital business processes. Mehr

COVID-19 and State aid: Key points of attention

Due to COVID-19, many companies are facing unprecedented liquidity challenges, and are continuously looking for solutions to that problem. All governments (national and regional) are announcing or have taken important support packages to help companies weather these financial consequences. In the European Union, and in the European Economic Area, many State aid measures are subject to European Commission or EFTA Surveillance Authority review and approval. Mehr

Accelerate digitization to increase resilience

Current digitization strategies typically focus on increasing productivity of a company. Maintaining productivity is, however, equally important as the COVID-19 pandemic demonstrates. Mehr

Home office as a security risk

What companies can do. Mehr

M&A Legal in Times of COVID-19

The M&A market has been severely hit by the COVID-19 crisis. Even though it is far from clear how long the crisis will last and what effects it will have, it is already possible to identify changes and foresee certain developments. Mehr

The virtual annual general meeting is here!

Annual General Meeting without physical attendance of the shareholders possible. Mehr

German COVID-19-related grants and subsidies

The German federal government has adopted a package of measures to support companies in coping with the COVID-19 Pandemic. Mehr

Reducing workload and optimizing workflows

Legal Project Management during the COVID-19 crisis. Mehr

COVID-19, short-time work, loss of income, shop closures, curfew

Effects of the COVID-19 pandemic on existing tenancies. Mehr

The coronavirus and its consequences: Legal impact on supply and production relationships

The coronavirus epidemic poses a stress test for cross border trade relationships with China-based companies. From a legal perspective, the question inter alia circles around how epidemic-related disruptions of production and supply chains shall be handled appropriately. So-called “Force Majeure-clauses”, often being embedded in respective supply agreements, are of particular relevance in this context. A thorough analysis of the legal framework being applicable in the respective specific case is strongly advisable. Mehr

Legal issues around the COVID-19 Pandemic | Draft Bill

On March 23, 2020, the Federal Cabinet passed resolutions to further complete the announced packages of measures. Mehr

COVID-19: EU Commission restricts export of medical protective equipment

Protective equipment can now only be exported with permits. Mehr

COVID-19: Short-time work and short-time work compensation

As part of the packages of measures adopted to mitigate the consequences of the COVID 19 pandemic, the regulations on short-time working have been made more flexible and adapted to the new requirements. Entrepreneurs affected by the consequences of the COVID 19 pandemic should promptly examine appropriate options and submit applications. Mehr

The German Parliament passes an act for a limited improvement of the regulations for short-time work in a crisis

On March 13, 2020, the German Bundestag passed the Act on a Limited Improvement of the Regulations for Short-Time Work in a Crisis. The act enables the German Federal Government to quickly adjust the conditions for receiving short-time work compensation in view of the corona crisis. Mehr

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