January 2020

Editorial

Dear Readers,

This GvW International Newsletter reports a new Decision of the Berlin Data Protection Authority with a record fine against a real estate company. The authority has accused the company of processing and storing the tenants' data too long without having a legal basis to do so.

In this issue we summarize new EU and US sanctions against Turkey and also report from our Istanbul Office the extension of the deadline for registration with data controller’s registry.

We also comment below on a recent judgment of the BGH which confirms that cash transactions in the crisis of the contractual partner are insolvency-proof. .

Finally, you will also find a report from our tax department on Germany’s fist tax law clinic which failed before the fiscal court.
We wish you an interesting read!

Kindest regards,

Dr Gökce Uzar Schüller, Attorney, Frankfurt am Main and Istanbul

Foreign Trade & Customs Law

Tax Law

Insolvency and Restructuring

Data protection

Turkey Desk

New EU and US sanctions against Turkey
In November 2019, the EU adopted financial sanctions against Turkey. The USA has also been threatening to impose sanctions for months – albeit with different backgrounds. Economic operators who maintain business relations with Turkey should therefore monitor further developments closely. more
The file closed and all questions open: Germany's first tax law clinic fails before the fiscal court
A tax law clinic that wanted to take up work at the University of Hanover has lost its case before the Fiscal Court of Lower Saxony. Since the court already considered the complaint inadmissible, the legal situation remains unclear. more
Cash transactions in the crisis of the contractual partner are insolvency-proof
The BGH has again confirmed its case law according to which legal transactions are valid under certain conditions with insolvent companies even if the contracting party is aware of the illiquidity or even the filing of an application for insolvency proceedings. However, there are many pitfalls to consider when drafting contracts. more
Berlin Data Protection Authority imposes a record fine
The Berlin Data Protection Authority has imposed a fine of EUR 14.5 million against Deutsche Wohnen SE based on the processing of tenants' data. The authority accuses the company of processing and storing the tenants' data too long without having a legal basis to do so. more
Turkey: The data protection board extends deadline for registration with data controllers' registry again
The Data Protection Board (Board) has recently resolved to extend the deadline for registration with the Data Controllers’ Registry Information System (“VERBIS”). The decision no. 2019/387 on the extension was announced on the board’s website on 27 December 2019. more

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