Contents

28.06.2018 - Belgium: Fairness and transparency in online trading

Online platforms and search engines dominate Internet trading. Unilateral business conditions, non-transparent algorithms and rankings are unfortunately not uncommon.

28.06.2018 - Bulgaria: new requirements for company sale and insolvency

As in the past, in the case of company sales, the seller has repeatedly neither paid salaries due nor paid social security contributions due for employees, the Bulgarian Commercial Code was amended accordingly by three successive amendments in December 2017, February and March 2018.

28.06.2018 - First experiences with the new transparency register introduced in October 2017

In July 2017, the Money Laundering Act (Geldwäschegesetz, GWG) was completely revised in Germany in the implementation of the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849).

28.06.2018 - ECJ on the technical conditionality of designs

Technical solutions can be protected by patents and utility models under certain conditions. By reserving commercial exploitation exclusively to the inventor for a limited period of time, technological progress should be promoted.

28.06.2018 - Europe: European court of justice declares restrictions on the transfer of the registered office as unlawful

Until today, the legislation of some Member States of the European Union is very restrictive with regard to the transfer of the company headquarters in other Member States. It is often required that the company in the country of origin must be completely liquidated before the change of domicile.

28.06.2018 - Italy: End of the improper insolvency settlements?

In Italy, insolvencies can be settled through composition proceedings between the insolvency debtor and its creditors, the so-called Concordato Preventivo. So far, the assessment of economic feasibility has been the sole responsibility of the creditors concerned.

28.06.2018 - Austria: E-allocation and safe linking by means of hash value

The electronic transmission of tenders in the award procedure is nothing new and was already standardised in the Federal Procurement Act 2006 both for the classical area and for the area of sector contractors.

28.06.2018 - Poland: Effects of the GDPR on the employer's obligations

The EU GDPR came into force on 25/05/2018. The Polish draft law implementing the Regulation leads, among other things, to changes in the area of labour law.

28.06.2018 - Poland: Changes in the special economic zones

In Poland, a law to promote new investments is to enter into force in June 2018. The law is intended to create new framework conditions for companies operating in special economic zones (“SEZ”).

28.06.2018 - Romania: Legal changes to the regulations for the payment of social and health insurance contributions for employees

The Romanian government has substantially changed the obligation to bear the costs of social security and health insurance contributions.

28.06.2018 - Slovakia: Amendments to the law on the prevention of money laundering

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented in Slovakia by the amendment to the Act No. 297/2008 of the ECR on the prevention of the legalisation of the proceeds of crime and terrorist financing.

28.06.2018 - Spain: new obligations to identify the beneficial owner of a legal entity

The Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) requires Member States to keep a register containing the information provided by the beneficial owners of companies registered in their territory.

28.06.2018 - The Czech Republic: evidence of the actual owners

In the Czech Republic, the Fourth Directive (EU) on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2015/849) has been implemented by Act No. 368/2016 of the ECR.

28.06.2018 - Hungary: Fintech Regulation – Implementation of the PSD2 Directive

The PSD2 Directive (EU) 2015/2366), an EU directive on the regulation of payment services, was implemented in Hungarian law in October 2017. Law No. 145/2017 entered into force on 13/01/2018 in accordance with the Directive.

24.05.2018 - New EU data protection law: Data transfer to third countries

International business transactions often involve cross border transfer of personal data. This is the case for instance where the data is stored on a server located in a third country (a country outside the EEA) or a third country IT service provider has access to the data processed by a company within the EU. If personal data is to be transferred to a third country specific provisions of the GDPR will apply.

25.04.2018 - New EU data protection law: Data breaches

As of 25 May 2018, the General Data Protection Regulation (GDPR) introduces harsh sanctions for data breaches with extended scope of applicability.Companies and other data processing entities become potential subjects not only to the data subjects’ claims for damages, the enforceability of which has been enhanced, but also to increased administrative fines to be imposed by supervisory authorities.

12.03.2018 - New EU data protection law: Data Protection Officer

The General Regulation on Data Protection (GDPR) which will apply from 25th May 2018, introduces the position of the Data Protection Officer (DPO).The DPO shall be the contact person for and shall be involved in all data protection related issues of the given entity. The DPO is an organ within the company which liaises with the authority, the company and the data subjects.

15.02.2018 - New EU data protection law: sanctions and liability

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

22.01.2018 - New EU data protection law: Principles on the processing of personal data

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

11.12.2017 - New EU data protection law: compliance check

The General Data Protection Regulation (GDPR) of the EU will come into force on 25 May 2018 and it will affect organisations worldwide working with or within the EU. The GDPR promotes accountability and governance. Organisations are required to put into place comprehensive governance measures to ensure compliance. Non-compliance can lead to heavy fines up to EUR 20 million or 4 % of the global annual turnover, whichever is higher.

17.11.2017 - New EU data protection law: Fines up to EUR 20 million

The General Data Protection Regulation (GDPR) adopted by the EU Parliament in 2016 provides a higher standard of protection of personal data for EU citizens. The GDPR will have direct effect in all member states as of May 25, 2018 and it will affect businesses all around the world that are engaged in activities with individuals in the EU.

31.08.2017 - Need for action by business enterprises and public authorities: The new data protection law 2018

Data protection law has been revised throughout the EU. The new regulations will become binding as of 25 May 2018.

24.07.2017 - Taicang China - Germany Friendshipcup International Table Tennis / Schindhelm Team

On Saturday, 8th of July, the Second Chinese Germany Friendship Cup in table tennis took place in Taicang.

30.06.2017 - Schindhelm Osnabrück hosted BVMW: Theme Night on Chances in India

Schindhelm Rechtsanwaltsgesellschaft mbH was host to the BVMW (Bundesverband mittelständische Wirtschaft) External Trade Evening, during which in front of 45 interested listeners chances of German small and medium-sized businesses in India were discussed and opportunities to create charitable benefit through CSR-projects were shown by the example of IndienHilfe Deutschland e.V. (IndiaHelp Germany registered society).

14.02.2017 - How to make a website B2B-compliant? Review of the judgement by the Higher Regional Court of Hamm of 16 November 2016 (court file no. AZ 1-12 U 52/16)

The world of e-commerce is divided into two large areas: On the one hand, there are business enterprises which exclusively deal with other business enterprises (B2B); on the other hand, there are those which primarily offer products or services to consumers (B2C).

31.01.2017 - New duties of business enterprises to provide information to resolve disputes with consumers

As early as in February 2016, the German “Act on Alternative Dispute Resolution in Consumer Matters” [Verbraucherstreitbeilegungsgesetz - VSBG] implemented into national law the Community “ADR Directive” (Directive 2013/11/EU).

10.06.2016 - Opening Schindhelm Office Taicang, China

Simultaneously with the 10th anniversary of the Schindhelm Office in Shanghai, Schindhelm Rechtsanwaltsgesellschaft mbH opened another office in the city of Taicang, which is located about 50 kilometres away from Shanghai.

20.10.2015 - The Schindhelm M&A Team advises the sole shareholder of a engineering service provider of the automotive industry on the sale of its shares

The Schindhelm M&A Team Osnabrueck has advised the sole shareholder of a engineering service provider of the automotive industry on ...

15.10.2015 - Schindhelm M&A Team has counseled a mid-size company acquainted in the field of medical industry on the sale of its business operations

The Schindhelm M&A Team Osnabrueck has counseled the management of a company which is dealing with medical products and any other kind of medical interior on the sale of its business operations as well as on the sale of its shares in another company to a strategic follower having a continuation aim with respect to the former business operation.

08.09.2015 - Schindhelm M&A Team advises the management board of KiKxxl on the re-acquisition of shares

The Schindhelm M&A Team Osnabrueck has advised the management board of the communication service provider, KiKxxl GmbH, located in Osnabrueck regarding the re-acquisition of 51 percent of its shares from ...

16.10.2014 - Merger control in M&A Transactions: Risk of fines in the millions for breaching the merger control prohibition of implementation

A recent fine of 20 Mio. Euro against a Norwegian salmon breeding and salmon processing company for breaching the prohibition on implementation of the EU-Merger Regulation (ECMR) currently causes a stir in the M & A practice. This case clarifies that ...

16.09.2013 - Schindhelm Team advises in sale process of ICT Automotive Group

A Schindhelm Team has advised the insolvency administrator of ICT Automotive Group in the asset sale process to Korean Dongkook Industry Co. and thereby essentially contributed to the rescue of a large number of Jobs.

22.04.2013 - The high regional court of Düsseldorf (OLG Düsseldorf) increases fines in the “liquefied gas cartel”

In 2007 and 2009 the German Federal Cartel Office (FCO) imposed a fine of overall EUR 208 Mio on certain companies involved in the “liquefied gas cartel”.

17.05.2011 - Schindhelm advises landlord in the conclusion of a long-term tenancy agreement with Stadtwerke Osnabrück AG (Osnabrück municipal utilities) regarding a property at the Nikolaiort in Osnabrück

Under the coordination of Dr. Manuela Hechler, Schindhelm advised the landlord with regard to a long-term tenancy agreement regarding parts of the property at Nikolaiort 3/4 in Osnabrück.

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