COMMERCIAL LAW
Cross-border business relationships, from the first contacts (non-disclosure agreements), through phases of contract negotiation (letter of intent, memorandum of understanding, preliminary contracts), to the final conclusion of the contract, raise a variety of questions that are not known in national transactions due to the clash of differently preconceived ideas of the parties involved and different legal systems.
Piltz Legal offers you many years of experience and comprehensive expertise for the accompaniment of your international commercial contracts. We support you in preparing and conducting contract negotiations, formulate internationally robust contract texts for you and assist you in all related legal matters.
In international contracts, the validity of German law is often provided for. It is often overlooked that such clauses are not accepted worldwide and, moreover, some foreign law can also be quite advantageous for the German party.
The recent emergence of national compartmentalisation tendencies poses particular challenges in order to ensure reliable contract performance at the same time.
Prof. Dr. Piltz is the editor of Beck's Lawyers' Handbook International Business Law and co-editor of the online contract forms on international trade and distribution law offered by Beck.
- Procurement and sales agreements
- Framework agreements.
- Distribution agreements
- Tool hire
- Maintenance agreements
- Licence agreements
Your Piltz Legal contacts
News
Territorial scope of NIS-2 – When does the German BSIG apply to managed service providers (MSPs) from third countries?
In a previous article (only available in German), we addressed the question of who qualifies as a managed service provider (MSP) or managed security service provider (MSSP) under the amended German Act on the Federal Office for Information Security and on information security in entities (BSI Act – BSIG) (Note: There is currently no official English translation of the current version of the BSIG. However, there is at least a machine translation by the EU.). If a company within a group of companies is centrally responsible for the operation of the group's IT, it can be classified as an MSP and thus as an important or particularly important entity within the meaning of Sec. 28 para. 1 no. 4 and/or Sec. 28 para. 2 no. 3 BSIG – provided that it falls within the scope of the BSIG.
NIS-2: Obligation to designate a representative for entities in third countries
Within the scope of the NIS-2 Directive (NIS-2-RL), situations may arise in which providers of certain NIS-2-relevant services, such as managed service providers, are based solely in a third country but offer services within the EU. According to Art. 2 (1) NIS-2 Directive, the territorial scope of application applies as soon as a company provides a service or carries out activities in the EU. Art. 26 NIS-2 Directive specifies this scope of application to the effect that, in principle, the Member State in which the entity is located and thus its respective implementing law is applicable. We have already written an article on this subject.
New awards for our partners
We are very pleased that Prof. Dr. Burghard Piltz and Dr. Carlo Piltz have received further awards from the Handelsblatt and have been included in the 16th edition of The Best Lawyers in Germany™.