Entschädigungsanspruch im Fall der Diskriminierung beim Zugang zur Beschäftigung (German Edition)

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For this purpose, the supervisory authority can rely on the submissions and complaints of those affected.

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However, it also has the possibility to take action of its own accord and to carry out so-called "on-the-spot checks" or unprovoked controls on Blockchain is all the rage, with one of its great advantages being considered to be particularly safe. The concept of blockchain has been popularized by cryptocurrencies such as Bitcoin.

In the meantime, however, it is no longer used for cryptocurrencies only, but in a variety of industries. Development is still in its infancy, and there continue to be technical and legal hurdles. Nevertheless, numerous companies and Users of the standard data protection model will be able to try out the first modules of a comprehensive catalogue of measures related to topics such as storage, erasure, recording, etc.


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Almost on a daily basis, we are facing new forms of work or at least new terminology. One of the most promising but at the same time most frightening areas is artificial intelligence fueled by the notion of Hollywood blockbusters that depict world domination by machines. Even if such ideas remain pure fiction for the time being, it cannot be denied that Not only since the Flexible Working Act entered into force in the Netherlands on January 1, , working from a home office or according to the legislative term: telework has become a much discussed topic.

Bezahlte Freistellung, wenn der Arztbesuch nicht anders gelegt werden kann. BVerfG, Beschluss v LAG Hessen, Beschluss v. Dieser Argumentation folgte das BAG BAG, Urteil Even if details can be vigorously debated, no one will deny that, for example, the agreement of certain seller obligations between signing and closing, the arrangement of individual liability privileges in favor of the seller, or the imposition of a post-contractual non-compete clause on a strategic seller per se are considered to be the When employers do not want to agree post-contractual non-compete clauses or incur the necessary financial expense of compensation for non-competition, they will try to guarantee know-how protection by extending the confidentiality obligations.


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  8. The key point to consider in this matter is whether the employment relationship still exists or whether it has already ended. The employee receives remuneration during an According to the CJEU decision, operators of fan pages on Facebook are jointly responsible with Facebook for the processing by Facebook of personal data of visitors to the fan page.

    The decision, which was still made At the present time, the BREXIT negotiations have led neither to a final resignation agreement nor to regulations of the legal relationships valid at least for a transitional period. Even a withdrawal of Great Britain without any contractual agreement with the states of the European Union and the European Economic Area does not seem impossible.

    This could In employment law, issues relating to permanent accessibility of employees via business smartphones are all the rage right now. What is less a topic of discussion is whether employees without a business smartphone need to provide their private mobile number to Free content yes — but only without advertising, please. This is where the business model of ad blockers comes in to meet this request: it allows Internet users to have online advertising suppressed.

    At the same time, advertisers are able to buy their way out of the blockage. Several press publishers, whose free online services are financed by advertising, consider this a violation of fair competition and filed In desk sharing setups, employees no longer have their individual workplace assigned to them in their office or in their department but are able to freely choose it on a daily basis depending on their current needs. According to the principle of clean desk policy, employees set up their workplace at the beginning of their work — usually simply by opening their laptops — and take all working materials with them at the It is not only since the days of the Internet that brand manufacturers have had to contend with the fact that original products are offered outside of their authorized sales channels.

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    The problem has since been significantly exacerbated, however. The relevant products are also referred to as gray market products.

    The Software Incubator Ltd. According to the definition in Section 1 of the Act , the wording of the Act can therefore no Hessisches LAG, Urteil v.

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    LAG Hamm, Urteil v. Eine danach gegebene Allein aus der Tatsache, dass an ein oder zwei Tagen Probearbeit geleistet wurde, ergibt sich noch nicht zwingend, dass dies auf Basis eines Arbeitsvertrags geschehen ist. LAG Hamm, Beschluss v. The Higher Regional Court of Dresden added another piece to the puzzle around user ratings and platform liability.

    Cashless payments by smartphone are becoming more and more popular. The phase in which credit card payments have become commonplace in Germany has taken considerably longer than in other EU Member States such as the Scandinavian countries. The EU in Brussels has now taken up this issue as well Technological progress allows employers to monitor their employees during working hours in ways that are no longer merely theoretical. Both hardware and software may be used to gain detailed information on the times, places, and manner in which work is performed. German financial regulatory authority BaFin published further guidance on its view around tokens and crypto-currencies used to structure Initial Coins offerings German version available here.

    German rating portal Jameda was ordered to delete the listing of a physician by the German Federal Court of Justice. The decision may have significant impact on other rating platforms and search engines, depending on business Dies hat der Senat des Bundesarbeitsgerichts entschieden. Das hat der Senat des Bundesarbeitsgerichts nun klargestellt. Mit der vorliegenden Entscheidung stellt das BAG klar, dass Arbeitgeberregelungen hinsichtlich der Nutzung mobiler Arbeitsmittel durch Arbeitnehmer in der Freizeit nicht dem Mitbestimmungsrecht des Betriebsrats unterliegen.

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    BAG, Urteil v And yet, while the use of IT systems seems to facilitate everyday and professional life, it also harbors risks and dangers for the population. As a result of digitization in the business environment and the increased use of IT systems, vast amounts of personal data are being collected, including the confidential data of An amendment to purchasing law entered into effect on January 1, If products sold are defective, the seller now has to reimburse the cost of dismantling the defective item and installing the replacement item Section 3 German Civil Code new version.

    This applies irrespective of fault and irrespective of whether the buyer is a private individual for this area B2C , this has already applied to date or a At the same time, various international banks are gaining attention with their plans to launch joint platforms for offering trade financing via blockchain. Both events show that fairly legally complex transactions can be mapped with the blockchain technology in practice The reason for this is, on the one Effective December 31, , the U.

    Copyright Office introduced new rules governing the registration of service providers of certain telemedia services. The mobility of the future is arriving in the present to an ever-higher degree. Bike sharing, car sharing, and carpooling have established themselves as well-functioning business models, mobile apps have become an integral part of local public transportation, the nationwide expansion of charging stations for electric cars is gaining momentum, and the first driverless trucks can be found on test tracks in public space On January 13, , the Second Payment Services Directive PSD2 will enter into force, which also introduces higher security standards for online payments.

    After controversial discussions about the design of these RTS in recent months, the European Der Bitcoin-Kurs ist kaum aufzuhalten. Vor allem auf Handelsplattformen wie Amazon werden The eSports sector is growing rapidly as illustrated by the following figures:. For quite some time now, German legislators have been trying to create the legal basis for an expansion of open Wi-Fi in Germany. The most recent attempt at regulation entered into force on October 13, the Third Act amending the Telemedia Act.

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    It has gone almost unnoticed, but effective January 01, , some rules for new business will change, including with regard to cost of defects in purchase law and for the acceptance of work and services. This will have a considerable impact on ICT contracts, such as on the sale of software and hardware, and in particular on the acceptance phase of projects. Digitalization is not only a topic at Fintech companies, but increasingly also at traditional banks. It has therefore completely redefined its regulatory requirements for the operation of IT in banks.

    German broadcast regulator takes aim at further live channels. Dies zeigt sich bereits anschaulich bei Crowdworking-Projekten und auf entsprechenden Plattformen der Gig-Economy s. Rechtlich gesehen On October 18, the Federal Court of Justice Bundesgerichtshof issued four landmark decisions on three-dimensional marks. The Federal Court of Justice set aside Federal Patent Court decisions that had ordered the cancellation of three-dimensional marks for Ritter Sport chocolate packaging and Dextro Energy glucose. These days, influencer marketing is an indispensable part of virtually any marketing strategy.

    The attention gained through influencer marketing has recently been a subject of discussion among the competition associations as well. As a forerunner, the Association of Social Competition seems prepared to take a closer look at the topic, as indicated by several media statements.

    According to its general manager Angelika Hat der Betriebsrat die zur Einstellung eines Arbeitnehmers erforderliche Zustimmung verweigert, ist der Arbeitgeber grds. In zwei ganz aktuellen Entscheidungen hat der 7. BAG, Urteile v. EGMR, Urteil v. The European banking supervisory authority intends to monitor the rapidly growing market of young finance companies even more closely in the near future. It wants to ensure that FinTechs that are offering banking services are duly licensed, that risks can be adequately assessed, and that they meet the same standards as traditional banks.

    The Federal Network Agency decided that parts of a zero-rating tariff option by Deutsche Telekom infringe the principle of net neutrality and EU-roaming rules, but does not put the general principle of zero-rating into question. Even though it is obvious that influencer marketing must observe the framework of applicable statutory provisions, the market has long been uncertain about how influencer posts are to be drafted in order to be legally compliant. Digitalization in commerce is accelerating the process of eliminating commercial enterprises by means of direct transactions.

    Can distributors, wholesalers and retailers protect themselves against being bypassed? TV actors can be employed on fixed-term contracts — even for 28 years.

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    Effective date: October 1, Announced in February, now finally coming into force: the German Federal Film Fund has created an additional fund — the DFFF II — with the aim of creating an incentive for major national and international projects to come to Germany and thus securing the competitiveness of the German film industry. The decision on Brexit has been made and negotiations on how the United Kingdom can leave the European Union are underway.

    Over the last few weeks, the question has repeatedly been raised as to whether future transfers of personal data will still be possible without encountering problems. The German data protection authorities are currently coordinating their activities on the interpretation of the GDPR and publishing them in brief papers. Company cars are usually leased to conserve liquidity.