-
Legal aspects of dropshipping: contractual peculiarities and most relevant legal questions
Anyone who deals with e-commerce will sooner or later always come across the topic of dropshipping. In my contribution I would like to highlight the general process of dropshipping and the main legal questions. * The dropshipping business model consists of three main players: the customer (orderer), the sender (dropshipper), for example a manufacturer or…
-
Chinese anti-sanctions law – Part 2
In one of the last entries, I discussed the possible collision of corporate due diligence regulations with the Chinese Anti-Sanctions Law. At that time, I largely omitted the possible legal consequences provided for in the law. I would now like to make up for this. Specifically, individuals or entities identified as having been “directly or…
-
Google Analytics not compatible with EU law according to European data protection authorities
In two recent decisions by the Austrian and French data protection authorities, it was found that Google Analytics is not GDPR-compliant, as the use of the service results in the transfer of personal data to the third country USA, which is not permitted under GDPR data protection law. First of all, it is important to…
-
A brief introduction into export control law
When working in international commerical law, sooner or later you will come into contact with so-called export control law. But what is this exactly? This article will illuminate the topic while putting the focus on German export control law. Export control means, above all, that the supply of goods, technology or software/data processing programs (these…
-
New Implementing Regulations for cross-border data transfer in China
New administrative regulations have brought more clarity to Chinese data security law. Specifically, these are the “measures for security assessment of cross-border data transfer” (effective from 1 September 2022; with retroactive effect up to and including March 1, 2022) and the “guideline on security certification for cross-border transfer of personal information activities” (effective from 24…
-
Enforcement of foreign trade investment control under German foreign investment law
Foreign investment controls in the German economy have been increasingly tightened by reforms in recent years – in this case in particular the lowering of the threshold of acquired voting shares from 25% to 10% for particularly security-relevant sectors in 2018 and the inclusion of the healthcare sector in this very area in 2020. *…
-
The possibility of withdrawal from the contract under the UN CISG
This week I had a case under review in which a company had ordered goods from mainland China via the Chinese online platform Alibaba. Specifically, the goods were recreational trampolines. The trampolines were actually delivered and were apparently proper. However, when they were resold to the customer, it was noticed that the trampolines were only…
-
China’s Anti-Sanctions Law in potential collision with domestic SCR regulations
As already highlighted in several blog entries, from 01.01.2023 on, German companies are obliged by national German regulations under the Supply Chain Act to check to what extent their suppliers violate human rights, environmental, labor protection standards. And rules on corporate due diligence have been or are being introduced in other countries as well, such…
-
Principles of the Chinese export control law
On December 1, 2020, the PRC’s new export control law came into effect. It was so adopted by the National People’s Congress of the PRC on October 17, 2020. It is the first national export control law of the PRC. The previously applicable regulations were previously found in various laws and administrative regulations. Firstly, the…