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Monthly Dose of Germany: August 2023
We would like to share some interesting insights into the German Legal market and recent developments as well as interesting events and publications with you. This edition of our "Monthly Dose of Germany" is presented by our Scandinavian Desk, headed by Dr. Volker Schulenburg.
German Act on Corporate Due Diligence Obligations in Supply Chains
Based on first press reports of complaints by human rights organisations against two companies on the basis of the German Act on Corporate Due Diligence Obligations in Supply Chains, we briefly outlined the main aspects of the risk of sanctions and civil lawsuits in our article. In addition to the English and German language versions, an updated and extended version of our article is available in Spanish language now as well:
Ley de Diligencia Debida en la Cadena de Suministro (LkSG)
Implicaciones respecto a sanciones y demandas civiles
Con base en los primeros artículos de prensa sobre las denuncias de organizaciones de derechos humanos en contra de dos empresas en virtud de la Ley de Diligencia Debida en la Cadena de Suministro (Lieferkettensorgfaltspflichtengesetz), esbozamos brevemente los principales riesgos de sanciones y demandas civiles al respecto.
"Monthly Dose" Employment Law: August 2023
Current case law in employment law
The August 2023 edition of our "Monthly Dose" Employment Law on current case law explains the following court rulings:
- Cross border relocation may be covered by the employer's directive right pursuant to Section 106 GewO (BAG judgment of 30 November 2022, 5 AZR 336/21)
- Dismissal for operational reasons due to transfer of tasks to another group company is effective (BAG judgment of 28 February 2023, 2 AZR 227/22)
- Equal-pay principle in the law on temporary work may continue to be overridden by collective bargaining agreements (BAG judgment dated 31 May, 2023, 5 AZR 143/19)
- No reimbursement of a recruitment agency commission by the employee (BAG judgment dated 20 June 2023, 1 AZR 265/22)
- Co-determination of the staff council in the use of social media with comment function (BVerwG decision of 4 May 2023, 5 P 16.21)
Article by Dr. Lars Hinrichs, Klaus Heeke, Dr. Charlotte Sander and Elisa Ultsch
Read full article here.
Government approves draft legislation to implement EU Pillar Two directive
Approved draft bill includes amendments to CFC rules and the royalty barrier rule
On 16 August 2023, the German government approved draft legislation on the domestic implementation of Council directive (EU) 2022/2523 on ensuring a global minimum level of taxation for multinational enterprise (MNE) groups and large-scale domestic groups (the “Pillar Two directive”). The approved version was published on the Ministry of Finance (MOF) website on 17 August 2023.
Article in our German Tax and Legal News by Alexander Linn and Andreas Maywald
Read full article here.
Deloitte Legal Tech Fair
The legal market is evolving rapidly in terms of technology, legal operations and what the legal department of the future will look like. At the first Deloitte Legal Tech Fair on 12 September 2023 in Düsseldorf, we would like to share new and exciting insights on this topic with you.
From 4:00 p.m. to 7:00 p.m., you will have the opportunity to learn more about innovative technologies and solutions at various booths. Legal Tech experts will be available to answer your questions and provide insights into the exciting world of legal technology, its areas of application and individual legal tech modules:
- Metaverse - Live demo and legal implications
- Contract Lifecycle Management
- Digital Legal Due Diligence Report
- RegMonitoring by Deloitte
- Digital support for compliance systems
- ClassReaction (technological solution for mass processes)
- Legal and practical aspects of e-signature
- Legal Entity Management
The keynote by Katja Karcher (Global Lead Counsel Digital, IT Law & Procurement, Heidelberg Materials AG) will be followed by a panel discusion with Legal Tech experts from Brenntag SE, LEDOX365, ServiceNow, Deloitte and Deloitte Legal.
Register now!
Tuesday, 12 September 2023 | 16.00 CEST
Read more and register here
Deloitte Legal Webcast Series
In our German language Deloitte Legal Update webcast series, we address current legal issues and developments that are important for corporate practice.
In our upcoming "Legal Update" webcast we will discuss:
Sound Compensation Update 2023 – Current Employment Law and Regulatory Issues and Developments for Remuneration Systems in Institutions
Wednesday, 6 September 2023 | 11:00 - 11:45 a.m.
Register here (Webcast in German language)
You can download the presentations of our recent webcasts here:
- Regulation and Compliance - Mastering Complexity with RegMonitoring by Deloitte here (in English language)
- Introduction and application of IT systems from an employment and data protection law perspective - practical implementation and best practice here (in English language)
In our Webcast Archive, you can find a list of previous webcasts and also download the corresponding presentations.
Should you be interested in topics discussed during one of our German language webcasts, do not hesitate to contact the respective presenters – they will be delighted to provide you with additional information in the English language.
EMEA Dbriefs Legal Webcast Series
The Dbriefs Legal webcast programme for Europe, the Middle East and Africa help you gain insights on key legal trends and critical issues affecting your global business operations.
The upcoming "Dbriefs Legal" webcast will discuss:
EU Pay Transparency Directive Series | Episode 2: A Client Perspective
Wednesday, 11 October 2023 | 14.00 CEST
Register here (Webcast in English language)
