Legal - vdma.eu

The works council must be involved when setting up a reporting office in accordance with the Whistleblower Protection Act.

Germany's security situation has changed dramatically. A state of tension or a NATO, alliance or defence case can no longer be ruled out. Strengthening defence capabilities has moved to the top of the political agenda.

"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.

Regulations at national and European level must be business- and competition-friendly.

The EU Data Act has been applicable since 12.09.2025. We explain what this means below.

On September 11, 2025, the Federal Ministry of Justice (BMJV) published a draft bill to reform product liability law.

ECJ case C 361/22 dealt with the question of the extent to which a company may use a third-party trademark to designate the defining characteristic of its own product.

The monthly legal update for the mechanical engineering industry - exclusively for member companies

According to the Federal Network Agency, telecommunications secrecy no longer applies to employers when employees use company email accounts privately.

Employees are not entitled to continued remuneration after a tattoo if they are unable to work due to complications such as inflammation.

From November 18, 2025, directors of foreign companies with a branch in the UK will also be obliged to verify their identity to Companies House.

Your experience is needed: take part in an online evaluation of the Whistleblower Protection Act.

On September 3, 2025, the Federal Cabinet adopted an amendment to the Supply Chain Due Diligence Act (LkSG). The reporting obligation will be deleted without replacement and the list of sanctions reduced.

The Higher Regional Court of Brandenburg decides on the classification of a contract for the construction of a photovoltaic system, reference decision of 06.06.2025 - 10 U 27/25 and decision of 10.07.2025 - 10 U 27/25.

The VDMA legal department has presented a new guideline with a sample contract, which is now available.

On 27.08.2025, the Federal Cabinet adopted the draft law on the modernization of military service - Military Service Modernization Act (WDModG).

A company that provides an address for shipping goods & returns address for business contacts outside the EU is liable as a disturber for trademark infringement.

If there is only a purely hypothetical risk that personal data will be misused by unauthorized third parties, this does not lead to a claim for damages under the GDPR.

This reform of public procurement law, which was developed by the BMWE, implements extensive measures to simplify, accelerate and digitalize public procurement law.

In a recently published decision, the Federal Court of Justice ruled that cloud services do not have to pay a copyright levy for private copies stored in the cloud.

Since August 2, 2025, the provisions on general-purpose AI models and sanctions of the AI Act, among others, have been applicable. In this article, we explain what this means for companies.

The court decision primarily concerns the question of whether a patent proprietor is liable for the economic consequences of a warning letter if the underlying patent is not valid.

Updated policy briefing on China’s Personal Information Protection Regulation (PIPL)

The VDMA Legal Department invites our member companies to an online event on the topic of "Securing deliveries in mechanical and plant engineering".

The Higher Regional Court of Schleswig-Holstein decides on the admissibility of long contract terms in commercial transactions under general terms and conditions law.

An EGC ruling provides an interesting insight into the Commission’s novel methods of investigating listed companies and public antitrust infringements.

The UK Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) contains a new criminal offense "Failure to Prevent Fraud", which may also be relevant for companies based in Germany.

Errors in the allocation of exclusive distribution territories can jeopardize the exemption of exclusive distribution, the ECJ has ruled. Companies should review their distribution agreements.

The VDMA welcomes the EU Commission's plan to strengthen the data economy. However, any measures must remain voluntary and must not lead to forced data exchange and further bureaucratic burdens.

The use of publicly accessible telephone numbers for advertising purposes does not fall under the GDPR's authorization to safeguard legitimate interests unless the advertiser has at least presumed consent within the meaning of Section 7 UWG.

The Federal Patent Court recently dealt with the issue of a trademark application in bad faith and its relationship to a so-called functionally invalid application.

No-poaching agreements have been in the sights of antitrust authorities for some time. Now the European Commission has imposed severe fines for the first time.

In the third consultation meeting on the minimum wage adjustment on June 27, 2025, the Minimum Wage Commission unanimously passed a resolution to increase the minimum wage on the basis of a mediation proposal by the chairwoman.

The adequacy decisions with the United Kingdom have been extended by the EU Commission for a further six months.

An updated version of the online edition of the laws that must be posted on June 1, 2025 has been published in the GDA Employers' Library.

A probationary period termination can be classified as contrary to good faith due to contradictory behavior if the takeover was previously promised.

As part of the latest trilogue negotiations, the Council of Ministers and the European Parliament have reached a provisional agreement on the Regulation on compulsory Union licenses for crisis management.

Even after the reform of the Unfair Competition Act (UWG), the so-called "flying jurisdiction" for infringements in the online sector remains permissible in principle. The only exception is if there is a risk of abusive, mass action.

Women who suffer a miscarriage from the 13th week of pregnancy have been subject to maternity protection since June 1, 2025.

The EU-Commission has announced that it will withdraw the proposal for a Directive on AI liability. VDMA is calling on the EU-Commission to take the necessary steps.

On 21 May 2025, the EU Commission presented a fourth omnibus package to reduce the annual administrative costs for companies. It also provides for simplifications in the implementation of data protection for certain companies.

In its judgment of March 20, 2025 (case no. 6 U 3824/22), the Munich Higher Regional Court (OLG) commented on the FRAND objection for the first time in the context of main proceedings.

In a FAQ, the EU Commission has clarified what the AI Regulation (AI Act) means by AI competence and what obligations apply to the operators of AI systems.

Forwarding of personal employee data by works council member via private email account justifies exclusion from works council

The newly formed government wants to maintain the voluntary nature of military service. In addition, it plans to further strengthen the reserve and homeland security and to better anchor them structurally and socially.

Compensation after loss of control of data

Disclosure of health data by employers can lead to compensation.

The Federal Office of Economics and Export Control (BAFA) publishes a fact sheet on industry initiatives in the context of the Supply Chain Due Diligence Act (LkSG).

Legal requirements relating to environmental protection and the circular economy may be challenging to implement, but they are no exception to the ban on cartels.

The General Court of the European Union recently dealt with a case concerning the partial revocation of an EU figurative mark (General Court, judgment of 22.01.2025, Ref. T-517/23).