13.12.2018 News
Co-determination, internal financing, data protection and more: new legal handbook averts pitfalls at international groups
International groups are facing increasingly complex challenges. Many cases involve a combination of different legal requirements, for example in employment law in case of cross-border matrix structures. Here, the managing directors of a German subsidiary have to comply with German law even if the parent company has different ideas.
One example is access to the subsidiary’s employee data, which may only be disclosed to the foreign parent company within the scope of the GDPR and the German Federal Data Protection Act [Bundesdatenschutzgesetz, BDSG]. In antitrust law, for example, a cartel infringement by a German subsidiary may not only result in a group-wide fine for the US parent company, but also to the imposition of additional sanctions by the US authorities - if they have a different understanding of the leniency programme.
The new handbook “Deutsche Tochter im internationalen Konzern” [German subsidiaries of international groups] addresses the major legal topics for the first time as well as describing tried and tested solutions for German enterprises with foreign group parents.
The multidisciplinary presentations address the relevant problems in the areas corporate law, employment law, data protection, compliance, antitrust and tax law, which are of particular importance and complexity in multidisciplinary group relations.
The legal handbook was written entirely by lawyers of the law firm of Oppenhoff & Partner and was published in December 2018 by C.H. Beck.
Dr. Gilbert Wurth, spokesman for Oppenhoff & Partner, commented: “Germany is an important market in international commercial trade. Many foreign enterprises therefore have subsidiaries in Germany. The work provides a comprehensive legal appraisal of the questions arising in cross-border group relations. Experienced lawyers of our firm provide practical answers to these questions. For the legal departments and management of German subsidiaries, as well as for lawyers, the handbook provides a focussed description of the challenges and pragmatic recommended solutions.“
The book:
Deutsche Tochter im internationalen Konzern - Rechtshandbuch für die Praxis
Lösungen für deutsche Unternehmen mit ausländischer Konzernmutter
Gesellschaftsrecht, Arbeitsrecht, Steuerrecht, Datenschutz, Compliance, Kartellrecht
[German subsidiaries of international groups – a practical legal handbook
Solutions for German enterprises with foreign parent companies
Corporate law, employment law, tax law, data protection, compliance, antitrust law]
C. H. BECK, 2019.
ISBN 978-3-406-70849-7 (click here to find the online shop)
By Dr. Marc Hilber, LL.M., Dr. Gunnar Knorr, Stephan Müller, Myriam Schilling, Dr. Gilbert Wurth, Dr. Daniel Dohrn, Dr. Günter Seulen and Dr. Simon Spangler, LL.M.
Oppenhoff & Partner stands for 110 years of top-quality legal advice. Our independent law firm extensively advises national and international enterprises and entrepreneurs on matters of commercial and tax law.