Foreign Laws Matter

Decoder von Tran, Zimo, D&H

Legal topics


New rules for apartment owners in Germany

As of December 1st, 2020, changes to the Apartment Ownership Act (in German: Wohnungseigentumsgesetz, hereinafter referred to as “WEG”) came into force, which bring significant changes for apartment owners and WEG administrators. Above all, the law simplifies the renovation and modernization of residential property. It will be easier to make decisions about structural changes, especially if they lead to sustainable cost savings. From now on owners should be able to take part in owners' meetings online. In future, the community of owners will be responsible for the entire administration. The administrator receives further managing powers and at the same time the administrative advisory board is strengthened as a controlling body.  Read details of the most important provisions and our comments here.

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Japan: Foreign Lawyers authorized to represent clients in International Arbitration and International Mediation

Recent amendments of the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers coming into force on 29 August 2020 significantly expand the scope of "international arbitration cases", and “international arbitration proceedings, etc.” in which registered foreign lawyers and foreign lawyers alike are permitted to provide procedural representation of their clients in Japan. The amendments make it additionally possible for registered foreign lawyers and foreign lawyers to represent clients in proceedings for “international mediation cases” in Japan. The comprehensive authority of foreign lawyers to represent clients in international arbitration and mediation cases will make it more persuasive to foreign and to Japanese clients to choose Japan as a seat of alternative dispute resolution.

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Data transfer between the EU and Japan

On 23 January 2019, both, the decision of the Personal Information Protection Commission (PPC) to abolish in relation to the EU the restrictions on transferring personal information to countries abroad and the Commission decision on the adequacy of the data protection level in Japan entered into force. A transfer of data between the EU and Japan is therefore treated in the same way as an internal situation according to both legal systems.

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Extraterritorial Application of GDPR

Since 25 May 2018 the extraterritorial applicability of the European General Data Protection Regulation (GDPR) may subject Japanese undertakings to additional data protection compliance. Even undertakings located in Japan that are already compliant with the APPI (amended Act on the Protection of Personal Information in Japan) may need to implement additional measures to satisfy the often-stricter rules of the GDPR.

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Employee's Data Protection

This article reports recent judgments of the Federal Labour Court on the admissibility of covert surveillance of employees and on the special termination protection of data protection officers, as well as an order of the same court regards the co-determination right of the works council on the Facebook appearance of the employer. The relevant current statutory provisions in section 32 Federal Data Protection Act (FDPA) will soon be replaced by a new section 26 from the date when the GDPR shall be applied (25 May 2018). Finally you will find a translation of the text of section 26 of the new FDPA 2018. The new provisions will greatly expand the scope of data protection for employees.

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