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Commercial

Germany

Legal advice on purchasing, production and distribution

Purchasing, production and distribution – in short, our clients’ operational activities – are at the centre of the advice we provide.

With more than 50 specialist lawyers, our Commercial team is one of the largest and most experienced practices in Germany. National and international clients benefit from our in-depth industry knowledge and comprehensive legal expertise.

We closely monitor the increasingly globalised markets, together with the opportunities and challenges they present. To do this, we deploy international teams of experts within the worldwide CMS organisation and in particular the CMS Commercial Practice Area Group.

Our long-standing clients include industrial and trading companies from all major sectors of the national and international business world. From the automotive industry to central purchasing organisations, we act on behalf of our clients across all key areas of production and trade.

Up-to-date advice at all times

We are committed to staying abreast of the latest trends and changing conditions. As such, we proactively develop new advisory products for legal areas such as compliance and EU sales law, and for emerging segments such as digital business and e-mobility.

We go beyond the norm

In addition to providing ongoing legal advice as an outsourced legal department and representing our clients in lawsuits, we also offer specialised services, such as customised contract and claim management.

Training courses and practical seminars on legal aspects of purchasing, production and distribution round off our legal advice. These services include tailored inhouse seminars, our Update on Procurement and Distribution roadshow, information events, circulars, brochures and newsletters as well as practical tips.

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    Distribution and Franchising

    Distribution and franchising issues are central to the advice provided by our Commercial team. CMS Germany advises companies engaged in production and trade on all relevant legal matters and aspects. Our lawyers also have in-depth knowledge in all the related and overlapping areas of law, such as antitrust law, competition law, trademarks/intellectual property and data protection.

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    Production and Product Liability

    We offer wide-ranging advice on legal matters relating to production and product liability, extending from product and manufacturer's liability through cooperation agreements (including contract manufacturing agreements) to product alerts and recalls.

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    Purchasing and Procurement

    Purchasing and procurement are becoming increasingly important functions in many organisations both nationally and internationally due to the globalisation of markets. Our advice on purchasing and procurement issues combines precise knowledge of each country-specific jurisdiction with in-depth industry expertise.

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    War­ranties in Sup­ply Con­tracts
    06/08/2015
    CMS Com­mer­cial Guide: Dis­tri­bu­tion and Agency Agree­ments

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    Dr. Markus Kaulartz
    January 2019
    The ten­sion between GDPR and the rise of block­chain...
    16/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right to be for­got­ten” be con­sist­ent with an im­mut­able ledger? Oth­er.
    25/06/2018
    The risks of re­selling tick­ets
    11/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion costs and im­prove ef­fi­ciency.
    Rogier de Vrey
    20/06/2018
    Loot boxes – a treas­ure trove of gambling reg­u­lat­ory...
    09/07/2019
    New Dir­ect­ives reg­u­lat­ing sales to European con­sumers
    As part of the European Com­mis­sion’s Di­git­al Single Mar­ket Strategy, the European Uni­on has re­cently ad­op­ted two Dir­ect­ives which will ap­ply from 1 Janu­ary 2022. The Sale of Goods Dir­ect­ive relates to the sale of goods to con­sumers and the Di­git­al Con­tent Dir­ect­ive.
    June 2018
    On­line Stress Test
    Test your know-how pro­tec­tion
    08/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing law and jur­is­dic­tion pro­vi­sions with­in a con­trac­tu­al.
    08/05/2018
    Green­field In­vest­ments in CEE 2018
    03/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions of Dis­trib­uted Sys­tem­s', the Law So­ci­ety ques­tions.
    26/06/2019
    EU Reg­u­la­tion on on­line plat­forms ap­proved
    On 14 June 2019, the Coun­cil of the European Uni­on ap­proved the new Reg­u­la­tion on pro­mot­ing fair­ness and trans­par­ency of on­line plat­forms. The new Reg­u­la­tion will enter in­to ef­fect in sum­mer 2021, without the need for any fur­ther im­ple­ment­a­tion by EU Mem­ber.
    19/06/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.