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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.
The so-called 28th regime is intended to facilitate the establishment of companies in other EU Member States under simplified conditions. The EU-Commission is now consulting with stakeholders on its legislative proposal.
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)
From 10:00 a.m. to 3:00 p.m., the VDMA Legal Department will be holding its third face-to-face workshop on US law with US attorney Manuel Schoenhuber, partner at Nelson Mullins, USA.
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.
Security and competitiveness will be two overarching priorities for the Danish Presidency, but it will also focus on the 28th regime and data.
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.
New VDMA Austria Working Group Export Control
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).
In the days leading up to Easter, there were a number of developments in the ESG area, from "Stop the Clock" to EUDR guidelines. We provide a brief overview and comment on the statements on the LkSG in the coalition agreement.
The German Federal Court of Justice keeps up its consistent line in decisions on company rights in relation to data protection in contrast to the ECJ, which restricted shareholders' right to information in September last year.
Are managing directors liable for cartel fines imposed on the company? The ECJ must now answer this question.
The BGH has confirmed that data protection violations can be prosecuted not only by the data subjects themselves, but also by competitors and consumer associations.
The BAG specifies the requirements for non-material claims for damages under Art. 82 para. 1 GDPR.
No economic growth, an ageing society and rising expenditure and contributions: The challenges in labor market and social policy could hardly be greater.
On April 11, 2025, the 2025 garnishment exemption limits pursuant to Section 850c ZPO were published in the Federal Law Gazette.
The current EU-US Data Privacy Framework constitutes a legal basis for the transfer of personal data to the USA. How do current political developments affect this data transfer instrument?
In economically challenging times, companies are often faced with the difficult task of optimizing their personnel costs.
The reform of foundation law, which came into force on 1 July 2023, has redefined foundation law in a nationwide manner. Part of this regulation is the introduction of the central, publicly accessible register of foundations with publicity effect.
Assistance from the VDMA legal department on retention obligations and periods for commercial documents - new, updated 2025 edition
In economically difficult times, the VDMA supports its members with valuable information and personal advice. Together we will find the right course and strengthen the resilience of the companies.
To admit or not to admit bidders from third countries? The contracting authority may decide.
Section 273a of the German Code of Civil Procedure (ZPO), which was introduced on April 1, 2025, provides extended protection for owners of trade secrets.
The AI Act entered into force 2 August 2024. A VDMA FAQ document was prepared together with the law firm FPS to provide non-binding guidance, now available as 2nd edition.
Automatic email responses can justify a warning under unfair competition law.
Company agreements must be fully GDPR-compliant.
The parties to the collective agreement in the M E industry in Baden-Württemberg have concluded a collective agreement that enables companies to lend employees to each other in order to avoid short-time working or redundancies.
The draft bill for the German national Data Act Implementation Act was published at the beginning of February. To effectively implement the Data Act the draft bill needs to be adopted rather sooner than later.
The VDMA has developed a guidance to provide non-binding orientation on the data sharing obligations under the EU Data Act.
The BGH decides on the question of whether arbitration proceedings are inadmissible if there is a risk that the arbitral tribunal will apply an ineffective contractual penalty provision.
In its final judgment of 08.01.2025 - 7 U 1776/23 - the Higher Regional Court of Munich deals in passing with the commercial letter of confirmation and confirms the established case law.
Package to reduce the bureaucratic burden on companies in the area of sustainability also provides for adjustments to the Corporate Sustainability Due Diligence Directive.
The Austrian Supreme Court issued a decision on the protection of trade secrets against former employees. Accordingly, the owner of a trade secret must protect it appropriately from a former employee.
In this session of the event series "With new knowledge into the year 2025", VDMA Power Systems will shed light on the topic of the CS3D supply chain law.
On February 4, 2025, the EU Commission published guidelines to provide an overview of the AI systems that have been banned in the EU since this February.
Pay slips may only be provided online
The establishment of a European private company would make it easier for companies to set up companies in other EU Member States under simple conditions and thus benefiting from a harmonized set of rules.
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSJ) has commissioned a special study on the issue of father-friendliness in mechanical and plant engineering as part of the "Success Factor Family" corporate program.
Assistance from the VDMA legal department on dismissals for operational reasons
On January 30, 2025, the Bundestag passed amendments to maternity protection in the event of miscarriages (printed matter 20/14231). The changes will come into force on June 1, 2025.
In the event of an increasing lack of orders and a lack of capacity utilization, the instrument of short-time work combined with short-time work compensation is an option for companies and employees.
The Federal Court of Justice (BGH) has ruled that a third-party loan can be classified as a subordinated shareholder loan, even if the general partner GmbH does not hold a share in the capital of the GmbH & Co. KG receiving the loan.
By denying a trade union the right of digital access to the company, the BAG sets limits to the institutional freedom of association.
The VDMA is calling for reliable framework conditions for growth and competitiveness in Germany in 2025. Together we can master the challenges of the future. You can find the details in the economic policy positions for 2025.
Your opinion is needed: How do public procurement rules work in Europe?
The ECJ has denied protected access for economic operators from third countries that are not part of the GPA or a similar agreement.
The Mannheim Regional Court has issued the first decision of the Unified Patent Court (UPC) regarding FRAND (Fair, Reasonable, and Non-Discriminatory) (UPC, Local Chamber Mannheim, judgment of 22.11.2024, UPC_CFI_210/2023 - Panasonic/OPPO).
Suppliers beware. According to the ECJ, a (quasi-)manufacturer is not only someone who produces a product, but also someone who sells it under the same name and logo as the manufacturer.
Two judgments published at the end of 2024 could contribute to more cases being heard before the Unified Patent Court (UPC) in future.
On January 1, 2025 and over the course of the next year, a number of changes will be made to the labor market.
On December 18, 2024, the Federal Cabinet decided to extend the period of entitlement to short-time working allowance.
The current annual report of the Legal Department has been published. Member companies can download it here.
US Department of Justice publishes criteria for evaluating compliance programs.
Product safety is a valuable asset, especially when modern technology is involved.
The VDMA remains committed to reforming the German law on general terms and conditions. A reform of the GTC must also be the goal of legislative activities in the 2025 legislative period.
The postponement of the date of application of the Deforestation Regulation (EUDR) by one year to 30.12.2025 came into force on 22.12.2024. No other substantive changes were decided.
From June 2025, new accessibility requirements will be imposed on products and services in accordance with the German Accessibility Strengthening Act. But is the law also relevant for mechanical and plant engineering?
The results of the VDMA-survey clearly show that there are still a lot of legal uncertainties regarding the implementation of the Data Act.
Current developments in labor law and new laws pose challenges for the mechanical and plant engineering industry - an overview of decisions and legal adjustments that are relevant in practice.
Competitiveness, growth and a long-term supply of labor and skilled workers require adaptability, a flexible labor market and a future-proof social security system.
The Confederation of German Employers' Associations (BDA) has prepared an application paper on the provisions of the Artificial Intelligence Regulation (AI Regulation) that are relevant for employers.
NORDMETALL and the Bavarian Metal and Electrical Industry Association (vbm) reached a pilot agreement with the IG Metall districts on the coast and Bavaria on November 12, 2024.
The new EU Product Liability Directive was published in the EU Official Journal on 18.11.2024, enters into force on the twentieth day after its publication and must be transposed into national law by 09.12.2026.
A business service is fully liable for incorrect information about companies generated by AI if an error-prone system is deliberately used and responsibility for the content is assumed.
VDMA and ZVEI present the current reform proposal for discussion as part of the "Frankfurt Initiative for the Further Development of the Law on General Terms and Conditions".
The OECD Business Group Anti-Corruption Committee (BIAC) is looking for examples of AI-driven anti-corruption efforts in business practice. If you are interested, you can submit your company example by November 20, 2024.
The decision of the Federal Court of Justice (BGH) of May 7, 2024 (case reference: X ZR 104/22) deals with the question of how to calculate damages for patent infringements committed in patent-free foreign countries.
Current VDMA survey: Only 30 percent of the companies surveyed are bound by collective agreements. Companies not bound by collective agreements see too little scope for company solutions and a lack of flexibility in collective agreements.
Representatives of VDMA met with Commission officials from DG GROW, CONNECT and JUST to discuss reducing bureaucracy for SMEs, late payments, the EU Data Act and liability.
Obligation to submit the LkSG report for the 2023 financial year is again extended to 31.12.2025 by the government draft of the CSRD Implementation Act in order to avoid double reporting obligations for companies under the LkSG and CSRD.
Companies have the opportunity to participate in a BMAS dialog series on fair supply chains. The kick-off event will take place on November 11, 2024 in Berlin.
Shortening of retention periods for accounting documents.
The question of whether copyright-protected works may be used for AI training purposes is becoming increasingly important. The Hamburg Regional Court has now issued its first ruling on the use of images by an AI provider.
The ECJ has ruled in a preliminary ruling procedure on the conflict between the General Data Protection Regulation (GDPR) and commercial law, restricting shareholders' right to information.
On September 26, 2024, the Bundestag passed the Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration (Fourth Bureaucracy Reduction Act, BEG IV) at its second and third readings.
Together with other business and employers' associations, the VDMA has sent a letter to Federal Minister of Labor Hubertus Heil in which they make it clear that they reject political intervention in the setting of the minimum wage.
The Responsible Ownership Foundation's initiative to create a new form of limited liability company with tied assets, which was already reported on here in 2021, recently presented its plans at an event in the Bundestag.
A shortening of the limitation period in general terms and conditions is ineffective when covering claims for intentional breach of contract, decides the Higher Regional Court of Munich
The Commission has published the Frequently Asked Questions (FAQs) on the EU Data Act to help companies implement the Data Act.
Impact on mechanical and plant engineering in conjunction with electrical automation
"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.
Charging a hybrid vehicle without permission can have consequences under employment law.
Ensure the success of your construction site projects with clear service descriptions. In this executive workshop, our Certified International Senior Project Manager Ralf von Breitenbach will show you how to do this.
Guides, fact sheets and more for our members: The "focus Recht" series and other publications from the legal department address legal issues for members in a clear and comprehensible manner.
On 13.03.2024, the European Parliament gave the green light for the so-called AI Regulation. It is intended to ensure safety and respect for fundamental rights in the context of artificial intelligence and promote innovation.
The focus Recht brochure "The Working Hours Act (ArbZG) at a glance" has been updated and is now available in a new edition.
The Berlin Court of Appeal has ruled in a case that companies are liable per se in the area of GDPR violations. An administrative order imposing a fine does not have to specify the natural person who may have been responsible for a breach of duty.
The EU Data Regulation came into force on January 11, 2024. A VDMA FAQ document has been compiled and updated to provide non-binding guidance.
The tips for business success in the United States have been updated. The exclusive publication for VDMA members is now available in German and English.
Action is required for all companies with at least 50 employees
The VDMA handout on the implementation of the DSGVO has been revised. It is now available in a second edition in German and English exclusively for VDMA members.
The EU Data Act aims to put data traffic on a new footing, including between companies. This could shift the center of power in the economy. For industrial SMEs, this law is both an opportunity and a risk.
Short-term work assignments in the UK are possible without a visa on the basis of a purchase or leasing contract. Otherwise a visa is required.
Per- and polyfluorinated alkyl compounds (PFAS) are currently polarizing opinion. The EU has come out in favor of a blanket ban on around 10,000 chemicals in this group of substances. At first glance, a well-intentioned approach to protecting the environment, but the announcement puts important industries at risk.
With the Data Act, the European Commission is aiming for a new legal framework for data use, utilization and distribution. The new study provides recommendations for action for the mechanical and plant engineering sector.
The German Federal Ministry of Labor and Social Affairs (BMAS) published a draft law on the recording of working hours on April 18, 2023. This has not yet been approved by the coalition.
Schengen visa may allow short-term deployment of non-EU service technicians in Germany.
The Council of the EU defined in December 2022 its position on corporate sustainability due diligence. Although there are some positive elements, VDMA calls on the Council to revise its position.
A bombshell from Erfurt: according to the Federal Labor Court, employers are obliged to record their employees' working hours.
The number of vacancies for engineers in the mechanical engineering sector has reached a new high and demand will continue to grow. Currently, two out of three companies have engineering vacancies to fill.
The information portal for foreign professional qualifications (BQ-Portal) bundles all relevant information on foreign professional qualifications and vocational training systems on one platform.
The network of the Federal Employment Agency also plays a central role in the placement of skilled workers from abroad.
Here you will find supporting documents to assist you in implementing the contents described in the ZVEI-VDMA Code of Conduct (compliance and sustainability topics) in your company.
Short-term business trips are possible without a visa, but a visa is required for assemblers and service assignments.
Although the situation in supply chains has eased, prices remain an important issue. To get an overview of current developments, it is worth taking a look at the interactive report.
List of planned experience exchange events ("ERFA") from the North, VDMA Regional Association North and the Marine Equipment and Systems (MES) working group.
The VDMA and ZVEI have been jointly pursuing the goal of reforming the German law on general terms and conditions for years in the "Frankfurt Initiative for the Further Development of the Law on General Terms and Conditions".
The VDMA is campaigning for a reduction in bureaucracy and the e-declaration. Receive news and event information on the topic of work assignments in Europe directly by newsletter.
With the cross-industry Code of Conduct, the VDMA aims to support companies in implementing compliance and sustainability requirements.
Success of VDMA member company in patent dispute gives courage.
In the following, we have compiled and answered the basic questions on these instruments for you.
The success of Industry 4.0 depends on the reform of the German law on general terms and conditions.
The digital age also requires the automation of business transactions. This requires pre-formulated contractual terms. German AGB law stands in the way of this.
Legal opinion confirms the need for reform of the law on general terms and conditions in commercial transactions called for by the VDMA
The control of general terms and conditions (GTC) in business transactions has long been considered far too restrictive and rigid by the business community.
The Industrie 4.0 platform, operated by the BMWi and BMF together with representatives of industry, science and trade unions, advocates more entrepreneurial contractual freedom.
Companies may unilaterally order short-time work if necessary, even by giving notice of termination without notice, e.g. to avert the threat of insolvency.
The employer may only unilaterally order short-time working if this is permitted by individual contract, works agreement or collective agreement.
The legal department of the VDMA consists of a team of lawyers specialized in the capital goods industry. Here you get the legal individual input - competent, fast and without additional costs, tailor-made for mechanical engineering.
The VDMA stands for free and fair competition. In order to guarantee undistorted competition and legal certainty for members in their daily association work, the VDMA has committed itself to a comprehensive compliance program.
... for legal issues in mechanical engineering - exclusively for our member companies.
The protocol to the free trade agreement contains regulations (Social Security Coordination - SSC) which guarantee the cross-border mobility of employees.
Do you actually know all the services of our association that are important to you? Whether online, in writing or in person: Our range of services is as diverse as our industry - here you will find an overview.
At its meeting in September 2020, the Federal Council criticized the government draft of the Corporate Sanctions Act and warned that small and medium-sized companies should not be overburdened.
For work assignments within Europe, the three topics of "reporting requirements", "social law: A1 certificate" and "labour law: posting directive" are increasingly coming into focus.
The employer's obligation to set up a system for recording working time arises from a direct application of Art. 31 para. 2 of the EU Charter of Fundamental Rights.
In October, the Data Protection Conference, a body consisting of the independent data protection authorities of the federal and state governments, presented the concept for assessing fines in proceedings against companies for data protection violations.
The ECJ's eagerly awaited ruling (case C-673/17) on the question of the extent to which the use of cookies on websites requires the consent of website visitors made headlines.
In line with its previous case law on fan pages, the ECJ ruled on 29.07.2019 that website operators together with plugin providers (here: Facebook, "Like Button") are so-called "joint controllers" within the meaning of Art. 26 GDPR.
Time and again, machine builders are faced with the question of how to protect their IT systems: Whether in their own company or in relation to products sold to customers, the question in each case is what level of protection must be guaranteed.
At the end of 2018, the Austrian data protection authority had to decide whether a request for erasure based on Art. 17 GDPR was sufficiently implemented by the controller if the controller did not carry out an erasure in the strict sense, but made parts of the personal data unrecognizable by anonymization.
The control of general terms and conditions in business transactions has long been considered far too restrictive and rigid by the business community.