The year 2023 will also be exciting from a legal perspective. Of particular relevance to companies are changes to the law on data transfer to the USA, the new copyright obligations (among others) for website operators and the Supply Chain Act, the Packaging Act and the Electrical and Electronic Equipment Act. In addition, there will be changes in the areas of incapacity for work and working time recording, and last but not least, the expected application of the Whistleblower Protection Act to the whistleblower sector.
In this article, we outline the key provisions of the new laws so that you can continue to navigate in safe legal waters in 2023.
Data transfer to the USA
In the course of the year, the required use of standard contractual clauses when exchanging data with companies from the USA should no longer be necessary. The EU and the USA have taken a step towards a general adequacy decision with the “EU-US Data Privacy Framework”. However, it is not expected to be enacted before mid-2023, meaning that the standard contractual clauses and a risk assessment for non-European data traffic are currently still required.
It remains to be seen whether the ECJ will now consider the level of data protection in the USA to be sufficient on the basis of the new regulation at the third attempt.
Obligation to provide information to authors
From June 7, 2023, the licensee must provide the author of a work used for remuneration (photos, texts, graphics, music, etc.) with information on the scope of use of the work annually without being asked (!). This extremely practical adjustment is mitigated by two restrictions: The provision does not apply in the case of subordinate contributions to the product or if the provision of information is disproportionate. In addition, the provision can be waived. Computer programs are excluded.
If you use paid works, you should therefore establish systems for providing information, refrain from using paid works or agree with the author that information will not be provided.
Regulations on supply chains, packaging and electrical appliances
Product-related regulations will also be significant in 2023.
The Supply Chain Due Diligence Act came into force at the beginning of the year and currently only obliges domestic companies with more than 3,000 employees to promote the improvement of human rights in global supply chains, in particular to combat forced and child labor.
The new Packaging Act gradually obliges companies to avoid waste. Caterers, delivery services and restaurants (less than 6 employees and less than 80 square meters of sales area) are obliged to offer reusable containers for take-away food and drinks in addition to disposable containers.
B2B appliances must also be marked with the crossed-out garbage can in 2023 following the amendment to the Electrical and Electronic Equipment Act. It is also important that, in addition to a sales ban, distributors of electrical appliances will in future be liable if they do not offer or advertise products on the basis of proper manufacturer registration. The same applies to marketplace operators. Warnings, but also fines, are conceivable as a result.
Incapacity for work and recording working hours
The electronic certificate of incapacity for work means that employees no longer need to submit a paper certificate of incapacity for work. The certificate is then forwarded to the employer by the relevant health insurance fund. However, privately insured persons must still present the “yellow certificate”.
Following the latest ruling by the Federal Labor Court, legislators will be forced to regulate the precise requirements for time recording in the workplace in 2023. Until then, the basic obligation to record working time remains in place.
Whistleblower / Whistleblower Protection Act
Last but not least, reference should be made to the Whistleblower Protection Act. Subject to approval by the Federal Council, companies will be obliged to set up whistleblower protection systems in 2023. Only employers with fewer than 50 employees outside the financial sector will not be affected by this obligation in the current calendar year.
Internal reporting offices can also be supervised by so-called ombudspersons. If required, we will be happy to provide you with the appropriate systems and people from our firm.
Conclusion
Legal changes in business transactions will also need to be observed in 2023. Don’t be afraid to take on the associated challenges. Many changes also lead to better practicability.
The Schneiders & Behrendt team wishes you a successful new year. We look forward to continuing our good cooperation!
