Digital platform work involving delivery drivers does not automatically mean that a separate works council can be elected in every delivery area: The Federal Labor Court clarifies the requirements for organizational units eligible for a works council in app-based work models (BAG January 28, 2026 – 7 ABR 23/24). Facts of the case The ruling...

Since December 6, 2025, the European NIS2 Directive has been implemented in Germany in the Act on the Federal Office for Information Security (BSIG). The so-called BSIG introduces binding obligations in the area of IT and cybersecurity for many companies in affected sectors for the first time. A key point here is the reporting obligations...

Construction workers who are employed on construction sites to perform simple tasks, receive an hourly wage, and do not appear to be entrepreneurs on the market are generally classified as dependent employees. This was decided by the Hesse Regional Social Court (LSG). Facts of the case In its ruling of February 20, 2025 (L 8...

Employers may not restrict voluntary wage increases across the board to employees with new contract templates. If no valid objective reasons for unequal treatment can be given, employees with old contracts are also entitled to the pay increase. This was clarified by the Federal Labor Court in a recent ruling (judgment of November 26, 2025...

Under stock corporation law, the executive board is responsible for managing the company, while the supervisory board is tasked with oversight. The executive board is legally required to provide the supervisory board with regular and comprehensive information. Statutory provisions mandate periodic (typically quarterly) reporting by the management board to the supervisory board. Additionally, the supervisory...

As usual, the new year comes with numerous legal changes. Some initiatives that were originally intended to take effect at the beginning of the year have not yet been enacted. If and how these legislative proposals will still be implemented is currently unclear. Below, we aim to provide a concise overview of the most important...

The European Court of Justice (ECJ) ruled on November 13, 2025 (Case C-563/24) that the legally defined designation “gin” is not permissible for a product without alcohol, even if the manufacturer clearly uses the label “alcohol-free.” The potential for misleading consumers is irrelevant in this context. The starting point of the proceedings was a preliminary...

At the international level, the regulatory landscape for medical devices is constantly changing. For all stakeholders, this means staying informed about new developments and adapting internal processes in a timely manner. With this brief “Update on the Medical Device Regulation,” we would like to summarize some important developments at the EU level. Several EUDAMED systems...

On November 13, 2025, the European Court of Justice (ECJ) (judgment of November 13, 2025 – Case C-654/23) clarified the rules for sending newsletters to existing customers. The subject of the decision was the interpretation of Art. 6 (1) GDPR and Art. 13 (1) and (2) of the Privacy and Electronic Communications Directive (Directive 2002/58/EC,...

The German implementation of the Mass Redundancy Directive (EU) is also in line with European law with regard to its consequences for the legal validity of employer terminations! In two judgments handed down on October 30, 2025, the European Court of Justice (ECJ) answered key questions on mass redundancy notifications, thereby providing important clarifications that...