News & Stories
Karlsruhe. The German Supreme Court decided on Wednesday that tenants may not sublet their apartment to tourists without the prior consent of the landlord. This is a blow to private accommodation agencies such as airbnb, Wimdu, 9flats and others.
Leipzig. Following the NSA revelations, there has been a constant stream of reports of global attempts to change applicable law to meet the challenges posed by social media, renegade secret services and "big data". Law makers worldwide are now faced with the task of formulating new data protection legislation. Their success differs from country to country. Our expert for online law, solicitor Peter Hense based in Leipzig and partner at Spirit Legal London, analyses the new developments in data protection in Germany, Europe and the US. The Americans are taking massive strides, Europe is making an effort too and in Germany, old data protection and technological development clash.
Hanover/Berlin. The German enthusiasm for travel continues and indeed, the destination decisions are being increasingly made at short notice. There is also the issue of a north-south divide in holiday duration within the travel-enthusiastic Germany: The north occupies the top rankings while the south is rather toward the rear ranks this year.
Aachen. For fund initiator Anno August Jagdfeld, 2013 will end with some good news: There will be no proceedings against him for embezzlement in relation to the Adlon fund.
Berlin. The hoteliers who inclusively offer an "overnight stay with breakfast" must nevertheless account for the different VAT amounts on the bill. The German Federal Finance Court had decided this on Wednesday. Now hotels and hotel groups that have handled this differently up to now could be accused of tax fraud.
Offenbach. When does overtime begin? When must the employer pay after the agreed working time? The German Federal Labour Court delivered a judgement on a special case: A member of staff, employed by the company for several years currently as deputy restaurant chef, hands in notice of termination of employment in accordance with the proper notice periods. In his last week of employment, he turns up to the personnel department of the hotel and submits a self-compiled Excel list recording around 500 hours of overtime. He demands this work be remunerated along with his last salary payment.
Offenbach. It is often necessary over the course of employment to issue a written warning to an employee. Since such warnings can be a necessary requirement for dismissal, many employees seek to have these warnings removed from personnel files. The German Federal Labour Court has recently decided when such a claim rightfully exists - and sets out some fine differences in its decision.
Offenbach. What employer hasn't it happen to? An employee leaves the company in dispute with management on some matter, yet demands a reference attesting excellent performance and behaviour nonetheless. The employee also expects that the reference includes a line regretting the loss of such a good employee. For years, employers have acceded to such demands. Now, the Federal Labour Court in Germany has delivered a judgement on such a case. Employers are now no longer bound to add such friendly concluding statements.
Leipzig. No industry allows their performance to be evaluated by external persons more frequently than the hotel industry. While independent professions such as architects, lawyers and doctors have been able to successfully defend themselves against endless customer reviews up to now, hotels are being hit broadside with welcomed or not so welcomed progress reports. The downsides of the review boom are nevertheless becoming increasingly clearer. And this in turn brings along great challenges within the legal and practical handling of unwelcomed guest opinions. In this third contribution of our newly initiated column, "Online Law", Solicitor Peter Hense from Leipzig, partner with the British solicitor´s office, Spirit Legal London, illuminates how hotel companies can and should behave.
Leipzig. Following the revelations by US whistleblower Edward J. Snowden with regard to the secret surveillance of global electronic communication, IT security has become a hot topic. The revelations remind us just how fragile data protection in the digital world has become. Criminals around the globe have long since known just how easy access to lucrative customer and payment information can be. And the hospitality sector is one of the most popular targets for these attacks. After the financial sector, the hospitality industry saves most payment data. Lawyer Peter Hense from Leipzig, Partner in the English law firm Spirit Legal London, explains in his second contribution to our new column "Online Law" the digital challenges facing hotels. Data protection infringements will be future incur harsh penalties.