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Publications

Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles, newsletter and other publications with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.



Media type
Expertise
12/06/2024
Podcast CMS To Go | KI-Verordnung: Was Arbeitgeber wissen müssen
The EU’s AI Regulation aims to promote the introduction of human-centred and trustworthy artificial intelligence in Europe. But what is the content of this much-discussed new framework and what is its purpose? What implications does it have for employers and for the use of AI within companies? Will the goal of the legislation actually be achieved or is the opposite likely to be the case? In a new "Employment law made simple" podcast, Dr Inka Knappertsbusch and Patricia Jares address these questions and many other interesting issues. Have a listen.
24/05/2024
Nordic Webinar Series: CMS M&A Study 2024
Second Edition in Stockholm, SwedenThe second Nordic webinar of the CMS M&A Study took place at the CMS Wistrand office in Stockholm, Sweden. This event followed the inaugural Nordic edition, which was hosted at CMS Kluge in Norway. We were pleased to have our colleagues from CMS Kluge join us for the second edition in Sweden. For more information and to access related resources, please find the link below.
23/05/2024
Looking ahead to the EU AI Act
Introduction On 21 May 2024, the Council of the European Union adopted the Regulation laying down harmonised rules on artificial intelligence” (the so-called AI Act). As the world's first comprehensive law to regulate artificial intelligence, the AI Act aims to establish uniform requirements for the development and use of artificial intelligence in the European Union. Following the European Parliament's adoption of the draft on 13 March 2024, the AI Act has now been formally adopted . Once signed by the Presidents of the European Parliament and the Council, the Regulation will be published in the Official Journal of the EU and will enter into force twenty days after its publication. With this adoption of the world’s most significant legislation on Artificial Intelligence, the EU is solidifying its position as a pioneer among global legislators. This initiative aims to establish and reinforce the EU’s role as a premier hub for AI while ensuring that AI development remains focused on human-centered and trustworthy principles. After a long and complex journey that began in 2021 with the European Commission’s proposal of a draft AI Act, this new regulation is expected to be passed into law in June 2024. The AI Act aims to ensure that the marketing and use of AI systems and their outputs in the EU are consistent with fundamental rights under EU law, such as privacy, democracy, the rule of law and environmental sustainability. Adopting a dual approach, it outright prohibits AI systems deemed to pose unacceptable risks while imposing regulatory obligations on other AI systems and their outputs. The new regulation, which also aims to strike a fair balance between innovation and the protection of individuals, not only makes Europe a world leader in the regulation of this new technology, but also endeavours to create a legal framework that users of AI technologies will be able to comply with in order to make the most of this significant development opportunity. In this article we provide a first overview of the key points contained in the text of the AI Act that companies should be aware of in order to prepare for the implementing regulation.
22/05/2024
E-learning | Introduction to Data Protection
This e-learning course covers the basics of data protection law based on the GDPR. It is aimed at all persons who come into contact with personal data in the course of their professional activities and provides a good overview of the most important data protection principles and requirements. Thanks to numerous animations and illustrative practical examples, it enables participants to quickly become familiar with the topic.  The aim of the e-learning course is to raise awareness of the lawful handling of personal data in all areas of the company and to enable employees to respond appropriately to data protection incidents and other situations.        
15/05/2024
GDPR Enforcement Tracker Report
The CMS Data Protection Group is pleased to launch the 5th edition In the six years since the GDPR came into force, this powerful framework to protect personal data has certainly helped to raise awareness and encourage compliance efforts – just as the European legislator intended. At the same time, the risk of fines of up to EUR 20 million or 4% of a company’s global annual turnover can also lead to fear and reluctance or ignorance about compliance issues. We still believe that facts are better than fear. This is why we continuously update our list of publicly known fines in the GDPR Enforcement Tracker and established the GDPR Enforcement Tracker Report as an annual deep dive approach to provide you with more insights into the world of GDPR fines.
17/04/2024
Podcast CMS To Go | Güteverfahren – eine effiziente Alternative zu Gerichts­ver­fahren?
Court proceedings clearly often cost a lot of time, money and internal resources, as well as damaging ongoing business relationships. So are there any alternatives? Mediation and arbitration proceedings offer a little-known but efficient option, which Claus Thiery and Sandra Renschke present in our new Litigation Matters podcast. Appearing as a guest is Dr Ulrich Hagel, CEO of EUCON, the European Institute for Conflict Management. As a recognised mediation body, EUCON provides a way of handling commercial disputes. Dr Ulrich Hagel reports at first hand on how me­di­ation/ar­bit­ra­tion proceedings work, what advantages they offer and what the differences are between them and other types of proceedings.
10/04/2024
Podcast CMS To Go | KI-Verordnung: Was Arbeitgeber wissen müssen
The EU’s AI Regulation aims to promote the introduction of human-centred and trustworthy artificial intelligence in Europe. But what is the content of this much-discussed new framework and what is its purpose? What implications does it have for employers and for the use of AI within companies? Will the goal of the legislation actually be achieved or is the opposite likely to be the case? In a new "Employment law made simple" podcast, Dr Inka Knappertsbusch and Patricia Jares address these questions and many other interesting issues. Have a listen.
08/04/2024
Virtuelle Influencer: Chancen und Hürden
Virtual influencers are a new phenomenon, at least in Germany. They might be used to advertise digital fashion in future, for example, or to interact in the metaverse. What are the special features of virtual influencers? What are the benefits, especially for businesses, and can they be regarded as influencers from a legal viewpoint? Adrian Zarm and Dr Gabriele Stark, both from the Intellectual Property practice, answer these and many other important questions in our new podcast.
21/03/2024
CMS European M&A Study 2024
The CMS Corporate/M&A Group is pleased to launch the 16th edition of the European M&A Study
18/03/2024
E-Learning | Preventing corruption – basics and practical tips
In a business context, benefits such as gifts and invitations are mainly intended to promote and maintain business relationships. However, using excessive benefits to influence business decisions is not allowed. There is often uncertainty about what is "allowed" and what is "banned" in the business world. Our basic training on corruption prevention educates your employees and provides practical guidance for everyday business that complies with legal requirements.
18/03/2024
E-learning | Protection of reporting persons using a whistleblower system
The EU’s Whistleblower Directive (2019/1937) was transposed into national law in Germany by the Whistleblower Protection Act (Hin­weis­ge­ber­s­chutzge­setz, HinSchG). The Whistleblower Protection Act came into effect on 2 July 2023. We have developed an e-learning course for your employees that answers the essential legal and organisational questions relating to the whistleblower protection provided by having a reporting system in place. The course also explains how a whistleblowing system works and encourages staff to report potential issues internally rather than contacting the relevant external reporting office.
18/03/2024
E-learning | Contact with competitors – basic competition law rules
Our e-learning course on dealing with competitors provides our clients with a sound basis for training their employees. This e-learning course guides through the correct conduct under competition law when in contact with competitors.