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From our content

From our content
SAVE THE DATE! Workshop on US law on 26.09.2025 at VDMA, Frankfurt

From 10:00 a.m. to 3:00 p.m., the VDMA Legal Department will hold its third face-to-face workshop on US law with US attorney Manuel Schoenhuber, partner at Nelson Mullins, USA.

Probationary period passed! On second thoughts, no!

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

Regulation on compulsory Union licenses

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.

On the place of jurisdiction for online publications

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.

Legal Newsletter

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

Changes under the Maternity Protection Adjustment Act

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

VDMA supports the withdrawal of the proposal on AI liability

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.

Omnibus Package IV to ease data protection obligations

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.

Review of the FRAND conditions in the event of a breach of an SEP

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.

AI competence in companies

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.

Exclusion from works council due to data protection breach

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

Voluntary military service, federal voluntary service, disaster relief

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.

GDPR violation according to works agreement

Compensation after loss of control of data

Unauthorized publication of health data

Disclosure of health data by employers can lead to compensation.

BAFA leaflet on the conformity of industry initiatives with antitrust law

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).

Fines for recycling end-of-life vehicles

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.

Revocation of an EU figurative mark

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).

Current developments in the ESG area: Stop the Clock = Stop the Work?

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.

Tension between GDPR and corporate law

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.

EUGH referral: Management board liability for cartel fines?

Are managing directors liable for cartel fines imposed on the company? The ECJ must now answer this question.

The BGH makes it easier to issue warnings for data protection violations

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.

Non-material damages due to data protection breach

The BAG specifies the requirements for non-material claims for damages under Art. 82 para. 1 GDPR.

Assessment of the labor market and social policy plans

No economic growth, an ageing society and rising expenditure and contributions: The challenges in labor market and social policy could hardly be greater.

Announcement of the 2025 garnishment exemption limits

On April 11, 2025, the 2025 garnishment exemption limits pursuant to Section 850c ZPO were published in the Federal Law Gazette.

EU-US Data Privacy Framework

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?

Personnel costs: Options for reducing and increasing flexibility

In economically challenging times, companies are often faced with the difficult task of optimizing their personnel costs.

Introduction of the Stiftungsregister in 2026

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.

"focus Recht" brochure "Retention of documents"

Assistance from the VDMA legal department on retention obligations and periods for commercial documents - new, updated 2025 edition

Exclusion of bidders from third countries possible

To admit or not to admit bidders from third countries? The contracting authority may decide.

More comprehensive protection of trade secrets through Section 273a ZPO

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.

2nd edition of the VDMA FAQ on the AI Act available

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.

Misleading through automatic e-mail replies

Automatic email responses can justify a warning under unfair competition law.

ECJ ruling on works agreements

Company agreements must be fully GDPR-compliant.

Collective agreement for regional personnel deployment in Baden-Württemberg

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.

Draft bill for the German national Data Act Implementation Act

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.

VDMA guidance on data sharing under the EU Data Act

The VDMA has developed a guidance to provide non-binding orientation on the data sharing obligations under the EU Data Act.

BGH decides on the validity of an arbitration agreement

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.

An invoice can also be a commercial letter of confirmation

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.

"Omnibus package" presented by the EU Commission

Package to reduce the bureaucratic burden on companies in the area of sustainability also provides for adjustments to the Corporate Sustainability Due Diligence Directive.

Decision of the Austrian Supreme Court on trade secret protection

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.

EU Commission publishes guidelines on prohibited AI systems

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 as an electronic document

Pay slips may only be provided online

Study on father-friendliness in mechanical and plant engineering

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.

focus Recht brochure "Dismissal for operational reasons"

Assistance from the VDMA legal department on dismissals for operational reasons

Adjustments to maternity protection adopted

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.

Short-time work: Temporary reduction in personnel capacity

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.

Loan from a third party is equivalent to a shareholder loan (BGH)

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.

No digital access right of a trade union to the company

By denying a trade union the right of digital access to the company, the BAG sets limits to the institutional freedom of association.

Opinion on the requirements for awarding public contracts

Your opinion is needed: How do public procurement rules work in Europe?

No protected market access for bidders from third countries

The ECJ has denied protected access for economic operators from third countries that are not part of the GPA or a similar agreement.

Our expert and focus topics

Our expert and focus topics
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
EU Data Act
The EU Data Act reorganises data traffic between companies. The aim of the European Commission is to promote the creation of data spaces in Europe and enable new digital business models. The consequences are far-reaching and represent both an opportunity and a risk.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Standort Deutschland
The VDMA is calling for good framework conditions for the mechanical engineering industry to ensure competitiveness. Technological sovereignty and European cooperation are crucial for innovation and independence.
European Policy
Europe is the home market for the machinery and equipment manufacturing industry, one of the largest industrial sectors in the EU economy. VDMA therefore stands for a competitive EU.
Europe and China
The perception of China in Germany and Europe has changed in recent years. Firstly, China is an important economic partner and also of significant importance for the German mechanical engineering sector. On the other hand, there is growing recognition at economic and political level in Germany and the European Union (EU) that the existing imbalance with China, for example in market access, is no longer acceptable.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

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Auf den Punkt Zitat Legal

"There's no more time to lose!"

Bertram Kawlath, VDMA President

Auf den Punkt Zahl Legal

70

percent

of VDMA member companies are not bound by collective agreements.

Source: VDMA

Auf den Punkt Zusammenfassung Recht

Summary
New EU Product Liability Directive significantly tightens liability

The following measures will adapt product liability law to the digital age and modern risks and close the corresponding liability gaps:

  • Extension of the product definition to include all types of software and digital design files
  • Expansion of the circle of liable economic actors
  • Extension of the definition of damage to include data loss
  • Existence of producer responsibility as long as the producer still has control over the product
  • Change in the distribution of the burden of proof in favor of injured parties and introduction of an obligation to disclose evidence

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Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
In co-operation with the German Mechanical Engineering Institute (MBI), the legal department offers member companies seminars and events on current topics and legal issues.
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department has been published. Member companies can download it here.

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