Jacobsen + Confurius

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Employee Excess and GDPR Liability: OLG Brandenburg Exonerates Employers

When an employee misappropriates customer data for personal purposes, the question arises: does the company bear liability for this under the GDPR? In March 2026, the Higher Regional Court (Oberlandesgericht) of Brandenburg issued a landmark ruling on this point, reaffirming a position of immediate relevance to all companies and processors with access to customer data. […]

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High-Risk AI under the AI Act: European Commission Publishes Draft Classification Guidelines

The European Commission has published a draft of guidelines on the classification of high-risk AI systems pursuant to Art. 6 of the AI Regulation (Regulation (EU) 2024/1689, hereinafter: the AI Act) for public consultation. The guidelines specify the conditions under which an AI system is to be classified as “high-risk” and thus subject to the extensive

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The AI Omnibus: New Deadlines and Exemptions for Businesses and Public Authorities

The European Union has substantially extended the application deadlines under the AI Act (Regulation (EU) 2024/1689, hereinafter: “AI Act”). On the basis of a political agreement reached on 7 May 2026 between the European Commission, the European Parliament and the Council, several application dates have been deferred and a number of substantive adjustments made. The

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Green Advertising Under Pressure: What the EmpCo Directive and the New Competition Law Mean for Businesses

Businesses that use terms such as “climatically neutral,” “environmentally friendly,” or “sustainable” in their corporate communications will, as of autumn 2026, be operating within a fundamentally altered legal framework. With Directive (EU) 2024/825 – known in legal practice as the EmpCo Directive – the European legislator has fundamentally reorganised the rules governing environmental advertising claims.

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Is “lifestyle part-time work” coming to an end? What you need to know about the current debate

In recent weeks, there has been heated debate over so-called “lifestyle part-time work”.At the heart of this is criticism of employees who reduce their working hours seemingly without a “valid” reason (such as raising children or providing care) in order to have more free time. There are even calls to completely abolish the legal right

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Data Protection as a Co-Determination Right? Why Works Councils Have Fewer Rights Than Often Assumed When Software is Introduced

Businesses of every size and sector today depend on a wide variety of software solutions – from complex ERP and HR systems to simple collaboration tools, security software, and cloud-based specialist applications. Every such introduction regularly involves the processing of personal data, in particular employee data. In practice, this regularly creates a tension: works councils

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Digital Violence, Fabricated Identities, Underestimated Risks: Deep Fakes – A Legal Analysis

What the Fernandes/Ulmen Case Reveals About a Growing Gap in the Law, and What Individuals and Businesses Need to Know Now. I. A Prominent Case With Far-Reaching Implications One of the most sensational revelations in German media law in the spring of 2026 involved actress and television host Collien Fernandes, who levelled serious allegations against

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Missed deadline after filing to the wrong electronic court mailbox

(Federal Labor Court (BAG), decision of March 4, 2026 – 5 AZB 26/25) Why this decision matters In its decision of March 4, 2026, the German Federal Labor Court (Bundesarbeitsgericht, BAG) made clear that lawyers must exercise great care when filing documents through the special electronic mailbox for attorneys, known as beA. The ruling matters

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NIS2 Registration Deadline Expired: What Companies Need to Know and Do Now

On 6 March 2026 marked the expiry of one of the first concrete deadlines established by the new German NIS2 implementing legislation: the obligation to register with the Federal Office for Information Security (BSI). Approximately 30,000 companies and organisations in Germany were subject to this obligation, yet a significant number failed to register within the

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Three Hamburg partners from SKW Schwarz join the Jacobsen + Confurius team

Effective January 1, 2026, three partners—Bettina-Axenia Bugus-Fahrenhorst (labor law), Christine Lingenfelser (commercial and distribution law, real estate) and Jens Borchardt (IP, IT law, media law, and data protection) will join the Jacobsen + Confurius team in Hamburg. Bettina-Axenia Bugus-Fahrenhorst headed the employment law practice at SKW Schwarz from January 1, 2025. With her addition, Jacobsen

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