News

09.07.2024 - Alliance: ESG regulation: What companies need to prepare for now

In recent months, the EU Parliament has passed a large number of ESG-related (ESG: Environmental, Social and Governance) legislative proposals. Given the speed and variety of new laws, it is important for entrepreneurs and organisations to stay informed about the latest developments in ESG legislation. Below we provide an overview of the current ESG regulatory requirements in the package of measures relating to the Green Deal and explain what companies should consider in the near future.

17.06.2024 - Alliance: The Chinese data protection labyrinth: guidelines for legal data export

Since the beginning of 2022, a large number of data protection laws have been enacted in China. Since there was initially a lack of necessary concreteness and harmonisation of these laws, their specific scope and significance was difficult to estimate for foreign enterprises in China. In 2023 and 2024, there has been a large number of legal amendments and significant concretisation in data protection law.

09.05.2024 - Alliance: Reforms under Corporate Law

The beginning of the year saw significant changes to corporate law. In Germany, a significant reform came into force with the Act on the Modernization of Partnership Law (MoPeG). In Austria, the catalog of company forms was expanded to include the 'flexible corporation', which has offered new opportunities for business activities since 1 January 2024. China will introduce comprehensive changes to company law from July 1, 2024, which will affect foreign investors and management in particular. There are also important developments in France, Italy, Slovakia and Turkey, which will each introduce new legal requirements and changes to the corporate environment.

25.03.2024 - Alliance: Cybercrime: Risks in international payment transactions

Today, more and more business activities and professional activities are shifting to the digital world. The coronavirus pandemic has contributed significantly to this trend, as it has forced us to adapt to new realities. This situation, as well as the efficiency and convenience of remote work, has created a new working reality, which in turn brings new risks of which many of us were previously unaware. We are talking about cybercrime, which companies in particular can suffer.

07.03.2024 - Alliance: Telemedicine worldwide- legal aspects and challenges

With telemedicine / remote treatment, healthcare medical services are provided by means of audiovisual communication technologies over geographical or temporal distances. Telemedicine is diverse and can be provided both in regional rural care or across countries as well as in the specialised care of rare diseases or by specialists that are not available everywhere. Especially after the coronavirus pandemic, telemedicine has increased in importance.

20.02.2024 - Alliance: International remote work- tax implications for companies and employees

In our rapidly evolving global labour landscape, remote work has become a central theme and a defining feature of the modern workforce. This newsletter looks at the subtleties of cross-border remote working from a tax perspective and examines the complex considerations that need to be borne in mind by both employers and employees. We address the tax implications of cross-border work and cover topics such as tax residency, double taxation agreements, permanent establishments and income tax deduction obligations.

21.09.2023 - Alliance: Legally compliant whistleblowing in your company - country update

Most countries of the European Union have already transposed Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law within their legal systems. There are some legal differences in how the Whistleblower Directive has been transposed into the various laws.

14.06.2023 - Alliance: The Corporate Sustainability Reporting Directive (CSRD)

The directive on sustainability reporting (EU) 2022/2464, Corporate Sustainability Reporting Directive, abbreviated “CSRD”) leads to an expansion of the reporting obligation for thousands of companies throughout Europe, starting from financial year 2024, for reports published in 2025. The CSRD amends the existing directive on non-financial reporting and establishes both more detailed reporting obligations, on the one hand, and a larger circle of companies required to issue such reports on the other.

12.06.2023 - Alliance: Transfer Pricing - General Overview 2023

Transfer pricing plays an essential role in all jurisdictions, as it determines a large part of the profits of related parties, which entails a significant amount of income taxes that may be imposed on them. In this first Schindhelm Alliance tax newsletter we give you a general overview of the subject and then report on the specifics in some of the main jurisdictions in which our Alliance operates.

19.05.2023 - Alliance: New regulatory hurdles in M&A transactions

In the case of M&A transactions, all participants strive for a quick closing and thus legal certainty in the future. Previously, an M&A transaction was checked ex ante by the responsible competition authorities if certain turnover thresholds were exceeded to determine whether the project would create or strengthen a dominant position. However, this legal certainty is now lost due to the most recent practice and case law of the European Court of Justice (hereinafter referred to as “ECJ”), since, even if the turnover thresholds are not met, there is the possibility of an ex post content review and, if necessary, a reversal obligation.

03.04.2023 - Italy: Holiday Properties - Taxes & Inheritance: Italy

The decision to purchase a holiday home is often made on a wave of emotion, with the exuberance of great memories of a beautiful summer holiday. But however enthusiastic you are about the beauty of your home and its area, it is important to also keep an eye on the costs in order to avoid unpleasant surprises later on leading to “buyer’s remorse”. These start with the ancillary costs of the actual purchase and can continue until the inheritance tax in the case of an inheritance.

In the following article, we review the costs you need to take into account for Italy as they occur on the purchase of the property, during its ongoing use, on its sale or transfer as a gift, or even in the event of inheritance.

03.04.2023 - Spain: Holiday Properties - Taxes & Inheritance: Spain

The decision to purchase a holiday home is often made on a wave of emotion, with the exuberance of great memories of a beautiful summer holiday. But however enthusiastic you are about the beauty of your home and its area, it is important to also keep an eye on the costs in order to avoid unpleasant surprises later on leading to “buyer’s remorse”. These start with the ancillary costs of the actual purchase and can continue until the inheritance tax in the case of an inheritance.

In the following article, we review the costs you need to take into account for Spain as they occur on the purchase of the property, during its ongoing use, on its sale or transfer as a gift, or even in the event of inheritance.

03.04.2023 - Turkey: Holiday Properties - Taxes & Inheritance: Turkey

The decision to purchase a holiday home is often made on a wave of emotion, with the exuberance of great memories of a beautiful summer holiday. But however enthusiastic you are about the beauty of your home and its area, it is important to also keep an eye on the costs in order to avoid unpleasant surprises later on leading to “buyer’s remorse”. These start with the ancillary costs of the actual purchase and can continue until the inheritance tax in the case of an inheritance.

In the following article, we review the costs you need to take into account for Turkey as they occur on the purchase of the property, during its ongoing use, on its sale or transfer as a gift, or even in the event of inheritance.

13.03.2023 - Alliance: Legally compliant whistleblowing in your company - country update

“Whistleblowing” describes the uncovering of abuses, such as corruption, money laundering, and environmental hazards, by whistleblowers who have acquired insider knowledge due to their professional activity. Whistleblowers must usually accept serious personal or professional disadvantages as a result of their reports.

To protect whistleblowers, the EU already issued the Whistleblowing Directive in 2019. This directive stipulates that enterprises have the obligation to establish channels and procedures to enable reports of abuses and breaches of the law.

13.02.2023 - Alliance: Foreign Subsidies Regulation: How will new regulation impact and reshape the M&A and public tender offers market?

On 12 January 2023 the Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (hereinafter: the “FSR Regulation”) has entered into force.

The FSR Regulation, which will apply from 12 July 2023, equips the European Commission (hereinafter: the “Commission”) with new tools preventing distortion in competition of the internal (EU) market resulting from “foreign subsidies” meaning subsidies granted by the non-EU states to the entities operating on the internal market.

31.01.2023 - Alliance: The end of trust-based working hours? Practical effects of the decision of the BAG dated 13/09/2022

With a judgment from 2019, the ECJ had clearly set the direction: From the Working Hours Directive in conjunction with Art. 31 of the Charter of Fundamental Rights of the European Union (CFR), there is the obligation of the Member States to ensure that employers introduce an “objective, reliable and accessible system that can be used to measure the daily working hours worked by employees”; this follows from the right of employees to effective health protection and compliance with the legally prescribed (weekly and daily) maximum working hours. However, the ECJ had not set a specific deadline for the Member States.

Over three full years, the requirements of the ECJ then remained without any significant practical consequences, with a few exceptions that we will present below on a country-specific basis. And it was probably generally assumed that legislative intervention would be required for the practical implementation of the judgment. However, the German Federal Labour Court has now taken the ball directly and formulated directly from existing law specific obligations incumbent on the employer even without legislative measures.

17.11.2022 - Alliance: Is your company a "Gatekeeper"? Digital Markets Act News

The applicable e-commerce policy is over 20 years old. That is why the European Union launched a regulatory package for online platforms a few years ago.

02.11.2022 - Legally compliant whistleblowing in your company - country update in France

On 16 February 2022, the law to transpose European Directive 2019/1937 was definitively passed in France. It was confirmed by the Constitutional Council on 17 March 2022 and officially published on 21 March 2022 and entered into force on 1 September 2022.

19.10.2022 - Alliance: Remote Work: Revolution in the labour market through hybrid forms of working

Working from home, New Work, flexibility, self-organisation, trust-based working hours. These (and other) terms describe what is no longer a vision of the future or a mere phenomenon. Day-to-day working life has fundamentally changed in the last two and a half years at the latest since the start of the coronavirus pandemic, which acted as a catalyst in this respect.

22.09.2022 - Alliance: A bird's eye view of the law: The commercial use of unmanned aircraft

The development and commercialisation of drones is making relentless progress. Due to the wide range of applications and the rapid technical advances, unmanned aircraft – or “UAS” (=Unmanned Aircraft System) for short – are predicted to be a promising future.

05.07.2022 - Alliance: What to do if the company is hacked? Actions from a legal perspective.

In case of a hacking attack, unauthorised attackers attempt to access external PCs, notebooks, smartphones, tablets or even entire corporate networks. Since the frequency of such attacks has increased massively in Europe over the past year, in this article we look at the successful hacker attack from the outside, which encrypts the affected systems in such a way that the company can no longer access its system at all.

19.06.2022 - Alliance: New opportunities and threats in sales: revised Vertical Block Exemption Regulation 2022 in force.

The European Commission’s Vertical Block Exemption Regulation (“VBER”), which was previously potentially applicable to distribution, whereby agreements between manufacturers or suppliers and retailers are exempt from the ban on cartels, ceased to be in force on 31/05/2022, because the original period of validity of 12 years was reached.
These new versions bring some changes which relax requirements compared to the previous legal situation, but also tighten requirements, which primarily take into account the area of tension between online/offline sales.

23.05.2022 - Alliance: Digital Revolution & Legal Evolution – copyright and related IP rights in the digital domestic market

Cryptocurrency, big data, artificial intelligence, data theft, cloud, virtual, augmented, or mixed reality, cyber warfare, telemedicine, social media, autonomous driving, Industry 4.0, Criminal Law 4.0, NFTs – these are not the only issues that are bringing about the era of the fourth so-called digital revolution. Each of these digital changes is bringing new challenges to all facets of society – the link between law and technology is one of the biggest. An example that illustrates the special relationship between legal and digital technologies very well are NFTs (non-fungible tokens).

14.04.2022 - Alliance: The current turning point – Force Majeure and loss of the basis for business

The "current turning point" in connection with the Russian war of aggression on Ukraine has not only a political but also perhaps an even greater economic dimension. The sharp rise in the price of raw materials and energy has led to a dramatic increase in costs for companies. The interruption of supply chains often causes production downtimes in industry. Despite all the harmonisation of laws that has taken place in the last 20 to 30 years, especially in the European legal sphere, this issue has remained untouched by efforts at legal standardisation. The reason for this was apparently a lack of topicality. Therefore, with this article, we provide an overview of how this topic is handled legally with regard to three key questions in the respective countries of our partner law firms.

09.02.2022 - Alliance: The Digital Service Act and the upcoming reform of the digital services

Already in 2020, the European Commission presented the draft for a new EU regulation on a single market for digital services, through which the latest developments in the field of digital services are to be incorporated and regulated at EU level. The proposal aims at better protection of consumer rights in the digital environment and at the joint internal market-related enforcement potential of the EU Member States.

02.02.2022 - New year, new office – Schindhelm Paris moves to Rue du Faubourg Saint-Honoré

At the beginning of the new year, Schindhelm attorneys at law Maurice Hartman and Philippe C. Bastian are opening their new office in a top location - 1 Faubourg Saint Honoré in the 8th arrondissement - next to the prestigious Rue Royale.

01.01.2022 - Force Majeure and loss of the basis for business in France

The following applies to contracts that came into force after 01/10/2016: If a change in circumstances that could not have been foreseen when concluding the contract makes it excessively costly for one of the parties to fulfil its contractual obligations, the party that has not voluntarily assumed this economic risk may require its contractual partner to renegotiate the contract. For contracts concluded before 01/10/2016, the rule described above and introduced by the 2016 reform of French contract law does not apply. A claim for adjustment or renegotiation of the contractual provisions exists in these contracts only if the contract contains a provision that expressly provides for a contractual adjustment.

19.10.2020 - New office location of the Schindhelm Alliance in Paris

We are pleased to announce that SCWP Schindhelm Services SE, Alliance of European Commercial Law Firms, has opened a new office in Paris. Our 230 lawyers at 29 locations in 14 countries will thus support you with international  competence, commitment and valuable local experience in every one of your projects.

22.11.2018 - Turkey: The decree to protect the value of the Turkish currency – limitation of foreign currency and foreign currency indexed contracts

The presidential decree no. 32 issued on 12/09/2018 to protect the value of the Turkish cur-rency ("Decree") sets the limitation of foreign currency and foreign currency indexed contracts and stipulates that these contracts must be converted within 30 days into Turkish Lira (“TL”).

28.06.2018 - Belgium: Fairness and transparency in online trading

Online platforms and search engines dominate Internet trading. Unilateral business conditions, non-transparent algorithms and rankings are unfortunately not uncommon.