The subject of cybersecurity has gained in importance within Germany and the European Union. There is a growing need to protect the digital market, and players’ IT systems therein, against cybersecurity threats. In the last two years, 68% of enterprises have registered cybersecurity attacks against them. According to the President of the German Federal Office for Information Security (Bundesamt für Informationstechnologie or BSI), the number of malware programs that we currently know of in Germany (roughly 800 million) grows each day by 390,000. Consequently, European and German legislators have taken measures in order to strengthen cybersecurity, thereby imposing a multitude of new obligations on EU Member States and enterprises. This briefing aims to provide an overview of the most relevant cybersecurity legislation and the requirements affected parties must meet.

On 17 November 2020, Portolano Cavallo is hosting a webinar about the ongoing review of the EU rules on vertical restraints. BLOMSTEIN partner Anna Huttenlauch will be one of the panellists together with distinguished colleagues Enzo Marasá and Irene Picciano from Portolano Cavallo and Marco Plankensteiner from Kramer Levin. The webinar will also examine vertical enforcement in the key jurisdictions Italy, France and Germany.

Following the successful acquisition by FSN Capital V in the MHP Solution Group and its German subsidiaries, BLOMSTEIN has taken over the Foreign Direct Investment application for the indirect acquisition.

Digital information and online communication are becoming more and more important. As a result, people are increasingly aiming to protect their IT systems against attacks. Cybersecurity considerations play a special role in governmental restrictions on foreign direct investments (FDI) to protect against foreign interference in key infrastructure or security-related sectors. In Germany, this has led to increased scrutiny of M&A transactions by the German Federal Ministry for Economic Affairs and Energy (FMEA) – not limited to companies active in key areas of software development or IT security.

The digitalisation of global trade is constantly expanding. In the 21st century data will become the most important commodity, according to a report in the German newspaper “Handelsblatt”. The continuing development of 3D printing technology makes it possible to send, instead of the actual goods, data that can then be used to print the goods directly at the receiving end. The more the digitisation of trade develops, the more important cybersecurity products are becoming.

Cybersecurity is becoming increasingly important. In the wake of cyberattacks on the German parliament, the foreign office and on prominent public figures, there is now greater awareness of the need for the state and companies to protect the integrity of their existing IT systems. The following article explains how a public contracting entity can achieve a higher standard of cybersecurity through its procurement procedures. Another related article provides an overview of some of the particularities that arise in the procurement of cybersecurity goods and services.

Cybersecurity is becoming increasingly important. In the wake of cyberattacks on the German parliament, the foreign office, and on prominent public figures, there is now greater awareness of the need for the State and companies to protect the integrity of their existing IT systems. The following article will provide an overview of some of the particularities that arise in the procurement of cybersecurity goods and services. Another article explains how a public contracting entity can achieve a higher standard of cybersecurity in its procurement procedures.

The World Bank Group (WBG) published its Sanctions System Annual Report Fiscal Year 2020 (FY20), covering the Bank’s actions from 1 July 2019 to 30 June 2020. According to the Annual Report, the Integrity Vice Presidency has started 46 new investigations and submitted 26 cases and 22 settlements to the Office of Suspension and Debarment (OSD). The OSD is headed by the Chief Suspension and Debarment Officer (SDO), who has temporarily suspended 30 firms and sanctioned 19 respondents via uncontested determinations. In FY20, seven firms and individuals were sanctioned by the Sanctions Board in six decisions arising from contested cases that can be found here.

The relevance of cybersecurity has increased rapidly. Recently, cyberattacks on the German parliament, the German federal foreign office, and several German prominent public figures have highlighted the importance of securing the integrity of data systems, and of coordination between businesses and state actors in Germany. Similar incidents have had the same effect in other countries. This has in turn led to an increase in trading opportunities and demand for cybersecurity products throughout the world.

Our contribution to the new GCR tool on Vertical Restraints, which has just been released, is now online and available free-to-view on the GCR website. We have contributed the Germany section, which covers legislation and cases on various topics, including Resale Price Maintenance (RPM), Most Favourite Nation Clauses (MFNs), Non-Compete Obligations, Territorial Restrictions, and Selective Distribution. The tool is a helpful reference for many other jurisdictions worldwide with contributions from selected competition specialists .