June 2019

Editorial

Dear Readers, 

This GvW International Newsletter deals with a recent European Court of Justice decision in which it was decided that Member States must oblige employers to set up a system to measure the daily working time of their employees.

In this issue we report on the new Law for the Protection of Trade Secrets which requires companies to actively do something to protect their trade secrets in order to be able to claim legal protection in the future. 

We also comment on a high-profile decision of the Regional Court in Karlsruhe involving influencer marketing and whether influencers’ posts / photographs on social media accounts should be labelled as "advertisements": a developing area of law which remains unclear after several recent regional courts’ decisions. 

You will also find in this issue information from our Istanbul office on the mandatory mediation for commercial disputes. 

We wish you an interesting read! 

Kindest regards, 

Dr. Gökce Uzar Schüller, Attorney at Law
Frankfurt and Istanbul

Data protection

Intellectual Property

Turkey Desk

Labour Law

Requirement to act for the protection of business secrets?
Really? Yes, really: The requirements in the law on legal protection of business secrets have changed. Companies must be active in protecting their business secrets, in order also to be able to claim legal protection in the future. more
Time sheets for everyone?
The ECJ has decided in a judgment dated 14 May 2019 in the case C-55/18 (CCOO ./. Deutsche Bank SAE) that the Member States must require employers to install a system with which the daily working hours performed by an employee can be measured. more
Surreptitious advertising: Influencers must mark "tags" in "private" photographs as advertising
The courts are increasingly dealing with influencer marketing and are meeting with a broad public interest due to the sometimes prominent parties. The District Court [Landgericht] Karlsruhe just recently decided that also in the case of supposedly private photographs, there is necessary to mark them as advertising. more
Turkey: Mandatory Mediation for Commercial Disputes
On 19 December 2018 Law no 7155 was published in the Official Gazette and it came into force on 1 January 2019. The main purpose of Law no 7155 is actually the integration of enforcement proceedings into the National Judiciary Informatics System (UYAP). However, it has great importance beyond this aim because of the introduction of amendments to the Turkish Commercial Code no 6102 (“TCC”) concerning the implementation of mandatory mediation in certain commercial law disputes. more

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