July 2020

Editorial

Dear Readers,

This GvW International Newsletter deals with the recent amendments in German Foreign Trade and Payments Act and German Foreign Trade and Payments Regulation which enable the relevant authorities to more effectively examine and prevent critical company acquisitions from third countries if those could endanger the public order or security of Germany.

In this issue we report on the new German “Corona Warning App” and of course its legal consequences, especially under data protection law.

We also comment on the second Social Protection Package which adopted by the German Parliament in order to make the access easier to social services, i.e. expanded possibilities for workers with reduced hours to earn money on the side or the extension of the period for claiming unemployment benefits.

You will also find in this issue information from our Shanghai and from our Istanbul office on the impacts of the covid-19 pandemic in these regions.

We wish you an interesting read!

Kindest regards,

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

Corona accelerates the adoption of stricter FDI rules under German Foreign Trade Law
In June 2020 the German government decided to tighten, both the German Foreign Trade and Payments Act (“AWG”) and the (“AWV”) significantly. The amendments’ consistent aim is to enable the relevant authorities to more effectively examine and prevent critical company acquisitions from third countries if those could endanger the public order or security of Germany (or the EU). The COVID-19 pandemic acted as a catalyst for accelerating the implementation of both laws and regulations. more
The "Corona Warning App" – A challenge for data protection?
"It is in our hands, our responsibility": The President of the Robert Koch Institute ("RKI") Lothar Wieler is optimistic about preventing a second Corona wave. However, returning to normal life is only possible to the extent the health of everyone can be assured. The "Corona App" is supposed to provide part of the solution by warning its users after coming into contact with infected persons. more
The new Social Protection Package II
The German Parliament adopted the second Social Protection Package in May 2020 (Official Journal (Bundesgesetzblatt, "BGBl.") I pp. 1055 et seq.) after access to social services was made easier under the first Social Protection Package in March 2020. The "Act on Social Measures to combat the Corona Pandemic" (Social Protection Package II) took effect on 29 May 2020 and has resulted primarily in the following (temporary) changes in the area of employment law and social security law. more
China: The Impact of the COVID-19 Pandemic – Legal Aspects of Cross-Border Insolvencies (Germany - China)
The ongoing COVID-19 pandemic has a devastating impact on businesses of all kinds worldwide. Some companies will eventually be forced to initiate insolvency proceedings. If a German company has direct investments in China, the question is, how their Chinese entities are affected by the German insolvency proceedings. more
Turkey: The Impacts of the Covid-19 Pandemic
Since March 2020, the President and the Parliament in Turkey have taken some measures, some through Bills, some through Presidential Decrees. Under the Law No. 7226 dated 25 March 2020, various measures were taken, and the President was authorized to take measures. The probably most important measure is ordering the shutdown of the justice system, including enforcement measures. more

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