Morrison & Foerster LLP (LexBlog Germany)
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New “Two-Click Cancellation” Button – German Exceptionalism for Subscription Terminations
As part of the new Fair Consumer Contracts Act, [Gesetz für Faire Verbraucherverträge; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available (in German) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. These mechanisms come on top of the updated EU-wide consumer contract rules under...
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Some Things Never Change… Including, Apparently, T&Cs in Germany
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and conditions (“T&Cs”) used vis-à-vis consumers in Germany. For more information, read the full client alert.
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Youth Protection in Germany: Are Online Age Checks & Daytime Blackouts Ahead?
Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If it prevails, it puts video-sharing platforms, distributors of gaming content, and...
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EVENT: PLI Webinar – Shadow-Boxing in 2017: An Update on Shadow Banking Reform
Tuesday, September 26, 2017 12:00 p.m. – 1:00 p.m. EDT 5:00 p.m. – 6:00 p.m. BST The Financial Stability Board has been spearheading a review of “shadow banking” entities and activities since the onset of the financial crisis. Pursuant to the FSB’s work, many regulatory reforms have been introduced at both national and international level...
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PLI Webinar – Shadow-Boxing in 2017: An Update on Shadow Banking Reform
Tuesday, September 26, 2017 12:00 p.m. – 1:00 p.m. EDT 5:00 p.m. – 6:00 p.m. BST The Financial Stability Board has been spearheading a review of “shadow banking” entities and activities since the onset of the financial crisis. Pursuant to the FSB’s work, many regulatory reforms have been introduced at both national and international level...
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Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots”
The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment. The U.S. Supreme Court denied certiorari in what has become known as the “dancing baby” case—a lawsuit brought by...
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Employer Surveillance of Internet and Email Use in the Workplace in Germany
Is an employer allowed to access an employee’s email account when the employee is on sick leave? To what extent is control permissible when an employee is suspected of illegal activities, e.g., of leaking trade secrets? In Germany, these questions are at the crossroads of data privacy and telecommunications law with their respective administrative and even...