Data protection / Data Privacy Archives - BUSE

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Pay transparency: Damages, compensation & class action lawsuits.

Pay transparency: Damages, compensation & class action lawsuits. How legal protection for employees is regulated for breaches of the Pay Transparency Directive.

04.02.2025
Klaus Neumann

Stay away from personal social media accounts!

Stay away from personal social media accounts! Applicants’ personal social media accounts are off limits for background research when recruiting.

21.01.2025
Albrecht von Wilucki

Instand dismissal for privately venting on social media?

Instand dismissal for privately venting on social media? Private posts on social media which go off the rails can be grounds for termination without notice.

03.01.2025
Sabine Feindura

ChatGPT & co. at work – without a “go” from the works council?

ChatGPT & co. at work – without a “go” from the works council? Internal company rules governing the use of generative AI are basically not subject to co-determination.

25.12.2024
Michael Eschenbacher

Hey Google, tell me something about an applicant!

Hey Google, tell me something about an applicant! Employers who google applicants must not lose sight of data protection.

05.11.2024
Albrecht von Wilucki

Self-Determination Act: Implications for employers?

Self-Determination Act: Implications for employers? What what does the Self-Determination Act (SBGG) mean for employers as of November 1, 2024?

29.10.2024
Jan Tibor Lelley

Information and reporting obligations under the Pay Transparency Directive

Information and reporting obligations under the Pay Transparency Directive. What employees may ask, what employers must disclose.

22.10.2024
Klaus Neumann

Pay Transparency Directive: The right comparison group.

Pay Transparency Directive: The right comparison group. The rules of the Equal Pay Directive for determining comparison groups.

10.09.2024
Klaus Neumann

Phishing e-mail: Liability risk for GmbH managing directors?

Phishing e-mail: Liability risk for GmbH managing directors? If managing directors fall into a phishing e-mail trap, they are not always liable for any damage caused.

27.08.2024
Peter Fissenewert

Be careful when handling personal employee data!

Be careful when handling personal employee data! Why a works council member who emailed a voters list to himself was dismissed without notice.

13.08.2024
Alexander Krol

Remuneration statement via online portal: Only permissible with consent.

Remuneration statement via online portal: Only permissible with consent. An online employee portal is not always adequate to provide proper remuneration statement.

23.07.2024
Thomas Geißler

Pay Transparency Directive: Equal or equivalent work.

Pay Transparency Directive: Equal or equivalent work. Equal or equivalent work as a central concept of “Equal Pay”.

16.07.2024
Klaus Neumann

Smart solution for smartphones.

Smart solution for smartphones. The Federal Fiscal Court decides when employers can reimburse employees’ mobile phone costs tax-free.

09.07.2024
Julia Bruck

Law on the Protection of Business Secrets, whistleblowing, and malicious internal offenders.

Law on the Protection of Business Secrets, whistleblowing, and malicious internal offenders. The fine line between whistleblowing and disclosing secrets as well as prevention options.

04.06.2024
Michael Eschenbacher

The law demands expertise when running a whistleblower reporting office!

The law demands expertise when running a whistleblower reporting office! Online training for reporting office employees – including the certificate of expertise.

28.05.2024
Jan Tibor Lelley

Bonuses and variable salaries: Pitfalls for pay discrimination?

Bonuses and variable salaries: Pitfalls for pay discrimination? These rules will apply in future with regard to equal pay for variable remuneration components.

21.05.2024
Klaus Neumann

E-mail containing personal information: encryption necessary?!

E-mail containing personal information: encryption necessary?! A recent ruling by the Suhl Labor Court on GDPR violations and damages.

16.04.2024
Dennis Gonta

Data protection in the People's Republic of China.

Data protection in the People’s Republic of China. An overview of the rules for cross-border data transfers from China.

09.04.2024
Albrecht von Wilucki

No rating without a name?

No rating without a name? Employers can have anonymous negative reviews on Kununu deleted.

02.04.2024
Christine Nitschke

The special audit at a GmbH.

The special audit at a GmbH. What you need to know about the control instrument of minority shareholders at a GmbH.

27.02.2024
Peter Fissenewert

Federal Labor Court: Open video surveillance, data protection, and use of evidence?

Federal Labor Court: Open video surveillance, data protection, and use of evidence? Do data protection violations render surveillance videos inadmissible in unfair dismissal proceedings?

06.02.2024
Thomas Geißler

“Equal Pay”: the EU Pay Transparency Directive – Part 1.

“Equal Pay”: the EU Pay Transparency Directive – Part 1. A directive which needs to be put into practice without delay.

31.01.2024
Klaus Neumann

TikTok prohibited on company cell phones.

TikTok prohibited on company cell phones. Is this also possible in the private sector?

24.01.2024
Alexander Maximilian Kossakowski

Compliance: Active risk management is mandatory for SMEs!

Compliance: Active risk management is mandatory for SMEs! The court has confirmed that active risk management is also the duty of managing directors at SMEs.

16.01.2024
Peter Fissenewert

Act on Corporate Due Diligence Obligations in Supply Chains No quarter!

Act on Corporate Due Diligence Obligations in Supply Chains No quarter! As of January 1, 2024, the Act will also apply to smaller companies. The first complaints have already been filed.

12.12.2023
Jan Tibor Lelley

Preparation is key!

Preparation is key! How employers can prepare for public opposition to unpopular labor law measures.

29.11.2023
Nina Lüssmann, Volker Perlen

Fine for data protection violation.

Fine for data protection violation. Berlin’s data protection authority imposes fine due to “blacklist” for employee terminations.

22.11.2023
Tobias Grambow

The Whistleblower Protection Act – The Final Countdown.

The Whistleblower Protection Act – The Final Countdown. The last grace period for implementing an important aspect of the Whistleblower Protection Act (HinSchG) will end on December 17, 2023: The internal reporting channel will become mandatory (almost) everywhere.

31.10.2023
Jan Tibor Lelley

The Whistleblower Protection Act – The Final Countdown.

AI does the work, managers have the liability? An assessment of manager liability when using artificial intelligence at the company.

24.10.2023
Peter Fissenewert

Works council chairperson as the data protection officer – is this even possible?

Works council chairperson as the data protection officer – is this even possible? The Federal Labor Court (BAG) on the question of whether a works council chairperson can also be a data protection officer.

17.10.2023
Albrecht von Wilucki, Tobias Grambow

Dismissal of the internal data protection officer during insolvency?

Dismissal of the internal data protection officer during insolvency? Internal data protection officers enjoy special protection against dismissal, even in the event of insolvency.

Intranet als Plattform muss reichen.

Intranet must suffice as a platform. Employers are not obligated to actively participate in sending union information via email.

12.09.2023
Tobias Grambow

Unable to work due to illness: Is disclosing medical data justified?

Unable to work due to illness: Is disclosing medical data justified? Federal Labor Court: Employees must disclose medical data if there are doubts about their entitlement to continued payment of wages.

29.08.2023
Mathias Maria Knorr

Sustainable business travel done successfully.

Sustainable business travel done successfully. Impulses and tips for travel management keeping in mind environmental aspects.

08.08.2023
Alexander Maximilian Kossakowski

Compliance violations as a communication crisis.

Compliance violations as a communication crisis. How companies can (re)act professionally with media law support in the event of compliance violations and investigative proceedings.

01.08.2023
Nina Lüssmann, Volker Perten

Whistleblower Protection Act enters into force.

Whistleblower Protection Act enters into force. Germany battled with the issue for a long time. The Whistleblower Protection Act finally entered into force on July 2, 2023.

04.07.2023
Thomas Draguhn, Arne Fischer

Cyber attack liability in the event of data breaches.

Cyber attack liability in the event of data breaches. The management bears the responsibility.

16.05.2023
Alexander Krol

Video surveillance: What is possible and what are the legal (data protection) limits?

Video surveillance: What is possible and what are the legal (data protection) limits? Lower Saxony State Labor Court: Termination invalid despite obvious working time fraud.

11.04.2023
Tobias Grambow

Working in the metaverse: What legal issues do virtual and augmented reality create?

Working in the metaverse: What legal issues do virtual and augmented reality create? What employers need to know now about new work with digital twins.

28.03.2023
Albrecht von Wilucki

Pflicht, nicht Kür: Compliance-Management-Systeme im Mittelstand.

Mandatory not voluntary: Compliance management systems at mid-sized enterprises. The lack of an internal control system opens up liability risks, even at SMEs.

14.03.2023
Peter Fissenewert

Corporate Immigration: News zur Entsendung von Mitarbeitern in die USA in H-1B Status.

Corporate Immigration: News on posting employees to USA in H-1B status. The initial registration for the annual H-1B visa lottery for specialty occupations runs from March 1-17.

Hilde Holland
Rechtsanwältin

EU directive for wage transparency: Brussels intends to enforce equal pay for women.

EU directive for wage transparency: Brussels intends to enforce equal pay for women. Employers will be required to disclose gender pay gap information.

21.02.2023
Sabine Feindura

Protecting reputation in the event of whistleblowing by employees.

Protecting reputation in the event of whistleblowing by employees. 7 rules to be prepared for a crisis – Changes resulting from the Whistleblower Protection Act.

31.01.2023
Nina Lüssmann, Volker Perten

Legal framework for wearables: Complete monitoring or useful tools?

Legal framework for wearables: Complete monitoring or useful tools? How to make the introduction of data glasses, smart hands, etc. a win-win situation.

Good things take time? The Whistleblower Protection Act is finally here.

Good things take time? The Whistleblower Protection Act is finally here. No transition period – processing anonymous reports will become mandatory.

17.01.2023
Jan Tibor Lelley

ESG Compliance (4): Die Tücken bei der Umsetzung des Lieferkettengesetzes.

ESG Compliance (4): The pitfalls of implementing the Supply Chain Act. The BAFA guidelines and the EU Corporate Sustainability Due Diligence Directive.

03.01.2023
Tobias Grambow

Liability for damages caused by artificial intelligence: What does HR need to prepare for?

Liability for damages caused by artificial intelligence: What does HR need to prepare for? Drafts of the EU AI Act and AI Liability Directive require an AI risk assessment.

20.12.2022
Michael Eschenbacher

EU taxonomy: How do you measure the “S” in ESG?

EU taxonomy: How do you measure the “S” in ESG? The Platform on Sustainable Finance presents social taxonomy recommendations.

29.11.2022
Jan Tibor Lelley

ESG Compliance (3): New German Corporate Governance Code goes green.

ESG Compliance (3): New German Corporate Governance Code goes green. 2022 code reform emphasizes importance of transformation towards greater sustainability.

22.11.2022
Peter Fissenewert

ESG Compliance (2): Sustainable remuneration as a factor for sustainable business.

ESG Compliance (2): Sustainable remuneration as a factor for sustainable business. Which ESG incentive options exist for board members and managing directors?

01.11.2022
Alexander Maximilian Kossakowski

Corporate influencers: Pitfalls and best practices for employers.

Corporate influencers: Pitfalls and best practices for employers. Important rules for companies which utilize employees as brand ambassadors.

18.10.2022
Dr. Yuanyuan Yin

The SARS-CoV-2 occupational health and safety regulation will come back into force as of October 1.

The SARS-CoV-2 occupational health and safety regulation will come back into force as of October 1. New Federal Labor Court ruling on company hygiene concept.

27.09.2022
Dr. Yuanyuan Yin

Corporate Sustainability Reporting Directive: New reporting obligations for many companies.

Corporate Sustainability Reporting Directive: New reporting obligations for many companies. ESG and labor law (3): HR needs to be prepared for more detailed information requests.

13.09.2022
Felix Hebert

Green HR: Save taxes with company bikes.

Green HR: Save taxes with company bikes. Company bike can pay off for employers in many ways.

23.08.2022
Alexander Maximilian Kossakowski

Whistleblower protection creates data protection issues.

Whistleblower protection creates data protection issues. Why companies need to take action now – 8 important factors in practice.

16.08.2022
Tobias Grambow, Tobias Vößing

The rise of HR technology and artificial intelligence is often seen with skepticism.

The rise of HR technology and artificial intelligence is often seen with skepticism. Rules for fair and trustworthy AI in human resource management.

02.08.2022
Mathias Kühnreich

Where-you-want jobs: How much leeway does labor law allow?

Where-you-want jobs: How much leeway does labor law allow? Companies are granting employees greater flexibility – Five dos and don’ts for HR.

21.06.2022
Tanja Radoux

Employee data protection update: From information rights to guidelines regarding fines.

Employee data protection update: From information rights to guidelines regarding fines. Labor courts limit GDPR information rights: The DGB proposes data protection law.

07.06.2022
Jan Tibor Lelley, Tobias Vößing

Cyber security: Intelligence agencies warn of industrial espionage via social media.

Cyber security: Intelligence agencies warn of industrial espionage via social media. Beware of social engineering – cyber criminals use LinkedIn, Twitter and Instagram.

31.05.2022
Jürgen Masling

Has the time come for salaries to go green?

Has the time come for salaries to go green? ESG criteria now shape remuneration models.

17.05.2022
Thomas Geißler

Veröffentlichung sensibler Daten über Kollegen rechtfertigt fristlose Kündigung.

Disclosing sensitive data concerning colleagues justifies immediate dismissal. Baden-Württemberg State Labor Court confirms immediate dismissal of a works council member for violating data protection regulations.

12.05.2022
Tobias Vößing

ESG Compliance (1): EU plans stricter due diligence obligations for the supply chain. Implementation of the German Supply Chain Act: keeping an eye on EU legislation.

03.05.2022
Alexander Krol

Global Mobility: The dos and don'ts of mobile work or remote work from abroad.

Global Mobility: The dos and don’ts of mobile work or remote work from abroad. What employers need to know regarding labor law, taxes and social security.

26.04.2022
Mathias Maria Knorr

The end of mandatory home office – What changes, what stays the same?

The end of mandatory home office – What changes, what stays the same? From labor law to cyber security – the legal pitfalls of mobile and hybrid working.

24.03.2022
Julia Bruck, Mathias Kühnreich

Compliance and recording working time: postponed does not mean canceled.

Compliance and recording working time: postponed does not mean canceled. BMAS postpones digital documentation – however, companies need to remain proactive.

15.03.2022
Tobias Vößing

E-Mobilität im Fuhrpark: Klimaschutz kann sich für Arbeitgeber mehrfach lohnen.

E-mobility in the vehicle fleet: Climate protection can pay off for employers in many ways. Ways to create a CO2-saving company fleet with e-cars, job bikes and mobility budgets.

21.12.2021
Alexander Krol

Cybersecurity und Arbeitsrecht – Die Rolle von HR bei IT-Sicherheit und Geheimnisschutz.

Cybersecurity and labor law – The role of HR in IT security and the protection of confidential information. Employees as firewalls or gateways for hackers: What provisions do employment contracts need to include?

14.12.2021
Klaus Neumann

Working from home – What is changing, what is staying?

Working from home – What is changing, what is staying the same? From labor law to cyber security – the legal pitfalls of mobile and hybrid working.

23.11.2021
Julia Bruck, Mathias Kühnreich

The Supply Chain Act will take effect in 14 months – Everyone, including mid-sized companies, needs to start preparing now!

The Supply Chain Act will take effect in 14 months – Everyone, including mid-sized companies, needs to start preparing now! Seven core elements to consider.

09.11.2021
Alexander Krol

AI in HR management: Which legal boundaries apply for digital colleagues?

AI in HR management: Which legal boundaries apply for digital colleagues? Five measures to avoid the pitfalls for AI in labor law, data protection law and EU law.

26.10.2021
Jan Tibor Lelley

Distressed M&A: Welche arbeitsrechtlichen Chancen und Risiken birgt der Einstieg von Investoren aus China?

Distressed M&A: What opportunities and risks under labor law are related with the entry of investors from China? More Chinese company acquisitions expected – What SMEs need to know now.

12.10.2021
Jan Tibor Lelley, Dr. Yuanyuan Yin

International data transfer: do the new, standard EU contract clauses help middle-sized companies?

International data transfer: do the new, standard EU contract clauses help middle-sized companies? The clauses in old contracts must be updated within 18 months.

07.09.2021
Tobias Vößing

Free data transfer despite Brexit!

Free data transfer despite Brexit! Adequacy decisions from the EU Commission pave the way for the next four years.

24.08.2021
Sabine Feindura

Employer checks private e-mails: does the secrecy of telecommunications apply?

Employer checks private e-mails: does the secrecy of telecommunications apply? According to the Erfurt Regional Court, employers may access their employees’ e-mail by way of exception

17.08.2021
Alexander Maximilian Kossakowski

What comes after mandatory remote work?

What comes after mandatory remote work? The distancing, hygiene, mask and ventilation rules and testing processes remain in place for now. But will employees be required to return to the office?

E-mail monitoring: No entitlement to the deletion of employee data at third parties.

E-mail monitoring: No entitlement to the deletion of employee data at third parties. Federal Labor Court approves claim for damages but no rectification of the consequences of violated co-determination.

27.07.2021
Thomas Geißler

The Supply Chain Act is coming – and includes greater participation rights for the economic committee.

The Supply Chain Act is coming – and includes greater participation rights for the economic committee. The change to works constitution law is important for HR practice.

20.07.2021
Jan Tibor Lelley

Adequate data protection for data transfer to non-member countries

Adequate data protection for data transfer to non-member countries. Data protection authorities are monitoring the implementation of the Schrems II judgment from the Court of Justice of the European Union.

13.07.2021
Albrecht von Wilucki, Tobias Vößing

Money Ball: Corporate investigations can pay off – if you know how

Money Ball: Corporate investigations can pay off – if you know how. German Federal Labor Court decides on cost reimbursement for a corporate investigation

25.05.2021
Jan Tibor Lelley

German Federal Labor Court sets limits on GDPR right to information with regard to work emails.

German Federal Labor Court sets limits on GDPR right to information with regard to work emails. Employees cannot demand copies of all known email correspondence with their employer. If employees wish to receive copies of additional correspondence, they must specify the exact details.

18.05.2021
Albrecht von Wilucki, Tobias Vößing

Coronavirus Tests at Work. Employers must offer their employees coronavirus tests -however, employees do not have to accept the offered coronavirus tests.

Coronavirus Tests at Work. Employers must offer their employees coronavirus tests -however, employees do not have to accept the offered coronavirus tests.

29.04.2021
Albrecht von Wilucki, Julia Bruck, Tobias Vößing

Whistleblower Protection Act on Home Stretch?

Whistleblower Protection Act on Home Stretch? Planned Whistleblower Protection Act Intended to Offer Whistleblowers More Protection.

27.04.2021
Jan Tibor Lelley

GDPR Proceedings Against "Deutsche Wohnen" Discontinued. Berlin Regional Court Repeals Fine for Violation of Data Protection.

GDPR Proceedings Against “Deutsche Wohnen” Discontinued. Berlin Regional Court Repeals Fine for Violation of Data Protection.

06.04.2021
Jan Tibor Lelley, Tobias Vößing

Data Protection Within an Organization itself.

Data Protection Within an Organization itself. Data Protection Requirements in Art. 6 and 9 GDPR.

16.03.2021
Tobias Vößing

European Court of Human Rights: Dismissal of Whistleblowers Lawful.

European Court of Human Rights: Dismissal of Whistleblowers Lawful. Whistleblowers must verify the facts they suspect facts before they pass information on to third parties (police, public prosecution office, media).

09.03.2021
Jan Tibor Lelley

Data Loss Prevention Software.

Data Loss Prevention Software. Data Loss Prevention software - a Miracle Data Theft Solution or Just Another Data Protection Headache?

GDPR Breach in the Recruiting Process.

GDPR Breach in the Recruiting Process. Regional Court of Darmstadt: Claims for Damages Even Occur in the Case of Abstract Damage.

09.02.2021
Tobias Vößing

Corona and the Obligation to Vaccinate in the Workplace.

Corona and the Obligation to Vaccinate in the Workplace. Are Vaccine Refusers Facing Termination or Unpaid Leave of Absence?

Another Fine for Video Surveillance in the Workplace.

Another Fine for Video Surveillance in the Workplace. The Data Privacy Officer for Lower Saxony imposes a multi-million Euro fine on Notebooksbilliger.de

12.01.2021
Tobias Vößing

Application Tools: Works Council Must Be Given Full Access

Application Tools: Works Council Must Be Given Full Access. Higher Labor Court Cologne: Works council has extensive right to information when using an application management tool.

24.11.2020
Felix Hebert

Survey Shows: Companies Are Unhappy With the GDPR

Survey Shows: Companies Are Unhappy With the GDPR. According to a Survey by ZEW, Companies in the German Information Industry Are Unhappy With the New General Data Protection Regulation (GDPR).

17.11.2020
Tobias Vößing

Employers Must Actively Protect Their Customer Data.

Employers Must Actively Protect Their Customer Data. Customer data will only be protected by the new German Trade Secrets Protection Act if the employer also protects them.

03.11.2020
Sabine Feindura

Home Office – Opportunity or Labor Law Trap?

Home-Office. Opportunity or Labor Law Trap?

29.09.2020
Jan Tibor Lelley, Julia Bruck

Federal Administrative Court: Contents and External Properties of Files are Covered by Trade Secrets.

Federal Administrative Court: Contents and External Properties of Files are Covered by Trade Secrets. The requirement is that these properties must be sufficient to allow conclusions about a trade secret to be drawn.

22.09.2020
Jan Tibor Lelley

High Employment Protection for Data Protection Officers is GDPR-Compliant.

High Employment Protection for Data Protection Officers is GDPR-Compliant. Dismissal of the internal data protection officer is only permissible for good cause.

General Data Protection Regulation (GDPR): Employer Sentenced to Pay Damages for Incomplete Information on personal data.

General Data Protection Regulation (GDPR): Employer Sentenced to Pay Damages for Incomplete Information on personal data. The Labor Court of Dusseldorf Grants Employees Damages Because the Former Employer Violated the GDPR (Ref.: 9 Ca 6557/18)

11.08.2020
Tobias Grambow

ECJ Overturns Data Transfer Agreement Privacy Shield with United States

ECJ Overturns Data Transfer Agreement Privacy Shield with United States. Data Protection Agreement on the Transfer of Personal Data "Privacy Shield" Between the EU and the United States Fails to Meet the Requirements of the GDPR.

21.07.2020
Tobias Vößing

Employee Evaluation System may Violate GDPR

Employee Evaluation System may Violate GDPR.

14.07.2020
Jan Tibor Lelley

DSGVO Infringements by Companies

GDPR Infringements by Companies. How the Amount of Fines is Calculated.

07.07.2020
Jan Tibor Lelley, Tobias Vößing

EU beschließt Whistleblower-Richtlinien.

EU Passes Directives regarding Whistleblowing. German legislators now have to implement measures to protect whistleblowers - how companies can prepare.

30.06.2020
Klaus Neumann

Zeiterfassung per Fingerabdruck?

Time Tracking by Means of Fingerprint? Only with Express Consent of the Employee.

No Crash Landing, please The coronavirus pandemic has become the corona crisis.

No Crash Landing, please. Are Remote Offices, short working hours and short-time work only the harbingers of company closures, mass dismissals and social compensation plans?

27.05.2020
Jan Tibor Lelley, Tobias Grambow

Arbeitsverträge: Background-Checks im Internet erlaubt.

Employment Contracts: Background Checks on the Internet Allowed. LAG Baden-Wuerttemberg (Landesarbeitsgericht, Regional Labor Court): Effective rescission of employment contract due to fraudulent misrepresentation.

14.05.2020
Jan Tibor Lelley

Bußgeld-Praxis nach DSGVO.

Fines practice according to GDPR. Due to the GDPR, companies are threatened with fines worth millions.

14.05.2020
Jan Tibor Lelley, Tobias Vößing