Ongecategoriseerd - Legal Direkt

Sep

Labour law in Germany

In Germany, labour law is largely regulated by the "Working Hours Act" (Working Hours Act) and the "Federal Holiday Act" (Federal Holiday Act).

In Germany, labour legislation is mainly based on two main laws: the "Working Hours Act" (Working Hours Act) and the "Federal Holiday Act" (Federal Holiday Act). These laws are of great importance to both employers and employees and regulate various aspects of working conditions.

Working Hours Act (Working Hours Act):

The "Working Hours Act" regulates employees' working hours and sets limits on the maximum working time per day and per week. This law applies to both full-time and part-time workers and aims to protect workers' health and safety by ensuring that they are not overworked.

Important aspects of the "Working Hours Act" include:

Maximum working time per day: Employees may not work more than eight hours per day, with a possible extension to 10 hours under certain conditions.
Maximum working time per week: Weekly working time should generally not exceed 48 hours.
Rest periods: Workers are entitled to adequate breaks and rest periods between working days.

Federal Holiday Act (Holiday Act):

The "Federal Holiday Act" regulates the right to paid holidays for employees. It guarantees the right to time off and relaxation for employees to maintain a healthy work-life balance.

Important aspects of the "Federal Holiday Act" include:

Holiday days: Employees are entitled to a minimum number of holidays per year, usually four weeks.
Holiday pay: Employees are entitled to holiday pay as financial support during their holiday period.

Compliance with these laws is crucial for employers hiring staff in Germany. Failure to comply can lead to legal disputes, Warnings and fines and negative consequences for a company's reputation. Understanding and complying with the "Working Hours Act" and "Federal Holiday Act" is therefore essential to create and maintain a healthy and legal workplace.

Employment agreement

Before work begins, employers must offer a written employment contract to their employees. This agreement should include important details such as job description, salary, working hours and duration of the contract. The purpose of this agreement is to give both parties clarity on what is expected of them.

Working hours in Germany

The standard working week in Germany is usually 40 hours for full-time employees. However, for part-time employees, the working week may be shorter. It is important to note that employees are entitled to compensation for any overtime. Overtime can be compensated with extra time off or financial compensation according to legal requirements.

Breaks

German workers are entitled to breaks depending on working hours. For example, if an employee works more than 6 hours a day, they are entitled to a break of at least 30 minutes. This is meant to ensure that workers get sufficient rest during their working hours. Failure to comply with these regulations can lead to fines and other legal consequences for employers.

Minimum wage in Germany

Germany has a statutory minimum wage that is regularly reviewed to ensure workers receive a fair income. The German minimum wage applies to all employees, regardless of the sector they work in. Employers should note that failure to pay the minimum wage in Germany can carry severe penalties.

To ensure a good working environment and comply with German labour laws, it is crucial that employers are aware of their responsibilities and comply with rules and regulations. By doing so, they can both build a positive relationship with their employees and avoid potential legal problems.

Paid leave of at least 24 working days per year

As an employee in Germany, you enjoy a number of important rights and benefits, including the right to paid leave (holiday). By law, employees in Germany are entitled to a minimum of 24 working days of paid leave per year. This is based on a five-day working week.

German workers and workers' organisations excel at bargaining. Despite a legal minimum of 20 days off, they enjoy an average of 30 holidays. This shows how work-life balance is highly valued in Germany and underlines the strength of labour organisations in representing workers' interests.

Sick leave: no worries in case of illness

Employee health is of great importance in Germany. Should you fall ill unexpectedly, as an employee you are entitled to paid sick leave. The rules for sick leave vary depending on the duration of the illness. For short-term sick leave, you usually have to inform your employer of your illness yourself and they may ask for a medical certificate. If you are sick for more than six weeks, you may be eligible for sick pay through the social security system.

Social security: protection for workers

Germany has a well-developed social security system that protects workers in several areas. Employers are obliged to contribute to various social insurance schemes, such as health care, pension, unemployment and accident insurance.

These contributions are deducted from workers' salaries and contribute to their social security. This enables workers to benefit from comprehensive health benefits, pension schemes and financial support in case of unemployment or work accidents.

Protection against unfair dismissal (redundancy protection): safety for workers

In Germany, there are strict rules and procedures for terminating employment contracts, especially for employees with longer tenures. The dismissal must be justified in many cases and employers must have a valid reason to dismiss an employee. This provides employees with a degree of protection against arbitrary dismissal.

However, it can also mean that it can be complicated to dismiss employees without a valid reason. The purpose of these rules is to ensure employees are not unfairly dismissed and to promote job security.

Work permit: special rules for foreign workers

If you plan to hire workers from outside the EU, you need to take into account Germany's work permit and immigration rules. Employees from outside the EU must meet certain requirements and criteria in order to work in Germany. This may include obtaining a work permit, which requires specific documentation and procedures.

As an employer, it is important to be aware of these rules and make sure your employees meet all the requirements.

Understanding German employment law

Discovering how labour laws in Germany can affect your business activities is crucial. If you plan to hire staff in Germany or even operate as an individual entrepreneur, it is essential to be aware of these laws and how they affect your working hours, holidays and working conditions.

Visit contact with LegalDirekt on to guide you through smooth compliance with these laws and make your business endeavours in Germany successful. Working with our professionals can ensure that you are well prepared and can enter the German job market with confidence.

Do not hesitate to contact us for further guidance and advice tailored to your specific situation. Your success in Germany starts with a thorough understanding of labour laws and the right steps to comply with them.

Sep

Do I need licences and permits in Germany?

Many entrepreneurs looking to expand their business into Germany face questions about the proper licences and permits they need to comply with laws and regulations. Finding all the necessary information can be complicated, especially if you are not familiar with German law. Meeting these legal requirements is crucial to operate legally in Germany.

But where do you start? How do you find the right information? Fortunately, there are several steps you can take to find out more about the requirements. Don't worry, we are here to help!

Consult the German ministry or agency responsible for your industry

Each industry has its own specific rules and regulations, and it is important to know which authority is responsible for your sector. For example, if you work in healthcare, you can contact the Federal Ministry of Health directly. They can provide you with detailed and up-to-date information on the required licences and permits for your specific business activities.

Of course, you can also enlist the help of an expert from LegalDirekt; we assist entrepreneurs in all kinds of industries in doing business in Germany. This saves countless hours of research!

Contact the Zollamt for customs and trade permits

If you plan to engage in international trade, it is advisable to contact the Zollamt (Customs Office). They can provide you with valuable information on any customs and trade permits required for your specific industry. It is important to check these permits carefully to ensure that you meet all legal requirements and can operate in Germany without any problems.

It can be difficult to find out all the necessary information about licences and permits on your own. This is why we recommend working with a German lawyer or consultant who specialises in your industry. They will have the knowledge and experience to help you identify the specific requirements for your business.

Compliance in Germany regarding licences and permits

Remember: obtaining the right licences and permits is essential for successful and legal business operations in Germany. Take the time to consult the relevant authorities, contact the Zollamt and enlist the expertise of a German lawyer or consultant. That way, you can confidently explore and conquer Germany's business landscape.

Contact us today for more information and find out how LegalDirekt can support you in obtaining the necessary licences and permits for your specific business activities in Germany.

4. limited partnership (LP)

The Limited partnership (LP) is a special form of partnership, involving two types of partners: managing partners and silent partners. The managing partners have active involvement in company management and are personally liable for the company's debts, while the silent partners are only liable for their contribution to the company.

The LP thus combines the advantages of personal liability of the general partners with the possibility of attracting external investors as silent partners. This makes it a suitable option for companies that need capital without wanting to bear full liability.

Advantage of LP:

Combination of personal liability and external investors.

5. General Partnership (GP)

The Offene Trading Company (OTC) is a general partnership (GP) in which all partners are fully and personally liable for the debts of the company. This makes the OTC a suitable choice for small companies or family businesses, where trust between the partners is high.

An important aspect of the GP is that no minimum capital is required for incorporation, making it accessible to start-ups. Moreover, the partners can work together in a flexible structure and benefit from joint decision-making.

Advantage OHG:

Flexible structure and collaborative decision-making.
No minimum capital requirements for incorporation.

6. partnership company (PartC)

The Partnership Company (PartC) is a unique form of company suitable for liberal professions, such as lawyers, doctors or architects. In a PartG, the partners are jointly and personally liable for the company's debts.

What distinguishes the PartC is the possibility for professionals to pool their expertise and resources without the limitations of liability of a GmbH or AG. This promotes close cooperation between partners and the ability to build trust and specialisation within the company.

Advantage PartC:

Pooling of expertise and resources without limitations on liability.
Close cooperation between partners.

7. limited liability company (LLC)

The Entrepreneurial company (limited liability company) (LLC) is often referred to as the mini-GmbH because of its similarity to the GmbH. This form of company is attractive to start-ups as it requires a lower minimum contribution than the GmbH.

Although the LLC offers the advantages of limited liability, part of the profits must be reserved to increase the start-up capital to the level of a regular GmbH. Only then can the LLC be converted into a GmbH.

Advantage LLC:

Lower minimum contribution than the GmbH.
Possibility to convert to a GmbH after capital increase.

8. Co-operative (Co)

The Co-operative (Co) is a cooperative, where members jointly own the company and share profits. This form of enterprise focuses on cooperation and community spirit, and its aim is to serve the interests of its members.

The Co can range from small local cooperatives to large organisations in different sectors. Members have a say in decision-making and profit distribution, making it a democratic and inclusive business structure.

Advantage Co:

Collaboration and community spirit.
Democratic and inclusive business structure.

Choosing the right form of company in Germany is a crucial step for any business. Each business form has its own characteristics and advantages, and it is important to be well informed before making a decision. The right choice will lay the foundation for the success of your business. Make sure you seek legal advice and make an informed decision that best suits your business and your vision for the future.

Sep

What are the tax implications for my business in Germany?

As an entrepreneur in Germany or if you plan to do business in Germany, it is important to be aware of the tax implications involved. Lack of knowledge in this area can lead to fines, financial problems and even legal complications.

Therefore, it is crucial to be well informed and keep abreast of any changes in German tax laws. LegalDirekt tells you more about the different aspects of taxes for companies in Germany, and what you need to consider as an entrepreneur doing business in Germany.

Corporate tax in Germany

Corporate tax applies to the profits a company makes. In Germany, this tax is calculated on the basis of the annual fiscal result. The standard corporate tax rate is 15%. However, there are also special rates for smaller companies and certain sectors. In addition, there may be deductions and exemptions that allow a lower tax rate to apply.

The advantage of negotiation or mediation is that it often yields quicker results than going to court. Moreover, the atmosphere here is generally less formal, allowing for more flexibility and creativity. A specialised lawyer can support and advise you on this, so that you can negotiate effectively and possibly reach an agreement.

Why is it important to understand corporate tax in Germany?

Paying taxes in Germany: as a business owner, it is essential to be aware of corporate tax in Germany. By having a good understanding of the rules and rates, you can better plan your finances and avoid potential surprises. Moreover, optimising tax liabilities can help save costs and increase profitability.

With our in-depth knowledge of the tax system in Germany, we ensure that our clients and partners are compliant and take full advantage of opportunities.

BTW: Value Added Tax (VAT)

One of the most important aspects Dutch entrepreneurs need to consider when doing business in Germany is the Umsatzsteuer, or German VAT.

Sales tax is an indirect tax levied on the sale of goods and services. The standard rate of VAT in Germany is 19%, but there are also reduced rates of 7% for certain products and services, such as food, books and cultural events. Businesses that meet certain criteria may qualify for a VAT exemption.

Explanation of German VAT rules for cross-border trade

In Germany, VAT is calculated and levied based on the place of supply of goods or services. This means that if you, as a Dutch entrepreneur, supply goods to a German customer, you have to charge and remit German VAT. The same applies when you perform services for a German customer.

Turnover thresholds and when to charge German VAT

It is important to know that there are turnover thresholds for charging and remitting German VAT. If your annual turnover is below this threshold, you do not have to charge German VAT. However, these thresholds can vary depending on various factors such as the type of goods or services you provide.

Requirements and procedure for filing Intrastat declarations

In addition to the VAT rules, Dutch entrepreneurs doing business in Germany should also be familiar with the requirements and procedures for filing Intrastat returns. Entrepreneurs who are liable for VAT in several EU member states are required to file an Intrastat declaration. It is important to understand how this process works and ensure that you submit your returns on time and accurately.

Trade tax and income tax

Besides the Value added tax (VAT), there are other taxes that Dutch entrepreneurs need to consider when doing business in Germany, such as the Trade tax and Income tax.

Impact of Trade tax on business activities in Germany

The Trade tax is a local tax levied by the cities and municipalities where you operate as a business in Germany. The rate of this tax can vary depending on the location and the scale of your business activities. It is important to consider the impact of Trade tax on your business finances when planning your business activities in Germany.

Trade tax is levied at the local level by cities and municipalities in Germany. The rate can vary from one location to another and is calculated based on the profit a company generates. It is one of the main sources of revenue for local governments and is used to finance municipal facilities and infrastructure.

Less well known is that there are certain deductions and exemptions that can be applied to the Trade tax, depending on factors such as the size of the business and the nature of its activities.

Understanding income tax for individual entrepreneurs

As an individual entrepreneur, you also need to consider Income tax, or income tax. This is the tax levied on your income as an independent entrepreneur in Germany.

Income tax applies to individual self-employed entrepreneurs in Germany and is calculated based on the income they generate. The German tax system has progressive tax scales, meaning that higher incomes have a higher tax rate.

Less well known is that the Income tax also includes social contributions, such as contributions to health insurance and pension funds.

German social security contributions

Besides corporate income tax and VAT, companies in Germany are also required to pay social contributions. These contributions are used to finance health care, pensions and unemployment benefits, for example. The amount of social contributions depends, among other things, on employees' income and the type of employment contract.

Solidarity Surcharge and EC Sales List

The Solidarity Surcharge is an additional tax levied in Germany. It was originally introduced to finance the costs of the reunification of East and West Germany but has since been used as a source of general revenue for the German government.

The Solidarity Surcharge is calculated as a percentage of income tax and is paid by individuals and businesses with taxable income. The rate of the Solidarity Surcharge varies depending on the total amount of taxable income.

As of 2021, the annual exemption threshold for the Solidarity Surcharge has been significantly increased. Only higher incomes with an annual income tax starting from €17,534 are subject to this surcharge. are currently still paying the solidarity surcharge.

The increased exemption threshold for the Solidarity Surcharge applies to both individuals and entrepreneurs with income below the specified limit. This means that entrepreneurs with an annual income tax below the set amounts do not have to pay the Solidarity Surcharge.

For Dutch entrepreneurs in Germany, the Solidarity Surcharge can impact their tax obligations when conducting business in Germany.

Submitting the EC Sales List

The EC Sales List (ESL) is a report to be submitted to the tax authorities by entrepreneurs when they supply goods or services to other EU member states. This report is designed to identify trade between different Member States and includes information such as customers' VAT identification numbers, the total amount of the transaction and the country of destination.

For Dutch entrepreneurs trading across borders, filing an accurate and timely ESL is important to avoid fines and penalties. The exact obligations and deadlines may vary depending on the entrepreneur's specific situation.

You can submit the EC sales list annually, quarterly or even monthly, depending on each country's rules.

What is the difference between Intrastat and the EC Sales List (ESL)?

Intrastat and the EC Sales List are two different reporting requirements. Intrastat provides more detailed info to EU authorities on intra-EU movements of goods for statistical purposes. In contrast, the EC Sales List is more focused on tax returns and is submitted in the tax portal.

To clarify, Intrastat goes to customs and statistical authorities, while you submit the EC Sales List with your usual tax returns. Both deal with intra-EU transactions, but they differ in the nature and depth of the information you need to provide.

Correct and timely filing and payment are crucial to avoid fines and penalties. Failure to fulfil these obligations can lead to significant financial consequences for both individuals and companies.

As a Dutch entrepreneur, it is essential to be aware of the rules and regulations related to these taxes and to ensure that you comply with the reporting obligations. Hiring a professional tax advisor can help you understand your obligations and take the right steps to comply with them.

Customs (Customs) and Profit Transfer Tax

When exporting to Germany, you need to consider customs duties and excise duties. Customs duties are costs you have to pay when your products enter or leave the European Union. These costs can vary based on the type of product and its value. Excise duties, on the other hand, are special taxes that apply to certain products such as alcohol, tobacco and fuel.

As a Dutch entrepreneur doing business with Germany, it is smart to be aware of these customs duties and excise taxes. Understanding these costs and how to pay them is important to keep your export business running smoothly and profitably.

By staying abreast of current tariffs and regulations, you can ensure that your exports to Germany are hassle-free and in compliance with the law.

Example 1: Customs duties on electronic devices

Imagine you want to export electronic devices, such as smartphones, from the Netherlands to Germany. In this case, customs duties may apply to these electronic goods. These charges may vary based on factors such as the nature of the product, its value and country of origin.

Example 2: Excise duties on alcoholic beverages

Suppose you, as a Dutch entrepreneur, want to export alcoholic beverages, such as wine or spirits, to Germany. In this case, excise duties may apply to these specific goods. Excise duties are designed to tax certain consumer goods and can vary significantly based on the type of drink and alcohol content. You need to understand the applicable excise duty rates and ensure that you file correct returns and pay the correct excise duty to comply with legal obligations.

It is important to know which excise duty charges apply and to make sure you fill in the right paperwork and pay the right excise duties to comply with the rules. By understanding these rules and carefully following the correct procedures, you can avoid problems and conduct your export business successfully and legally compliant.

Practical steps to calculate and pay customs duties

Calculating and paying customs duties can be a complex process. There are several factors to consider, such as the value of the goods, the country of origin and the rate of customs duty.

As a Dutch entrepreneur exporting to Germany, it is important to take practical steps to accurately calculate and pay customs duties. Consulting professional tax advice and using automated tools can help manage these processes efficiently.

Profit transfer tax on dividend payments to German subsidiaries

Profit transfer tax refers to the tax levied on dividends paid by a Dutch parent company to its German subsidiaries. This tax is designed to prevent profits from being taxed twice in both countries.

For Dutch entrepreneurs who have companies in Germany, it is important to take this tax into account when planning dividend payments to their German subsidiaries.

As a Dutch entrepreneur, it is important to recognise that no two situations are the same and that there is no one-size-fits-all solution when it comes to tax strategies. By working with an experienced tax advisor, you can ensure that your business complies with all relevant tax laws and regulations.

Tax obligations and avoiding pitfalls

Managing tax liabilities can be challenging, especially when doing business in another country. Some tips:

Keep accurate and detailed records of all income and expenses.
Keep up to date with the applicable tax rules and regulations in the countries in which you do business.
Consult a professional tax advisor to ensure you meet all obligations and avoid pitfalls.

By heeding these tips, you can avoid potential problems and manage tax obligations effectively.

Avoid fines and legal problems by complying with German tax laws

When expanding a business into Germany, it is essential to be aware of all local tax regulations. Failure to comply with these regulations can lead to fines, legal disputes and reputational damage. Let LegalDirekt help you avoid potential pitfalls and ensure that the way you operate is compliant with German tax laws at all times.

Our professional advisers guide entrepreneurs through the complex regulatory environment: from filing tax returns, preparing legal documentation, keeping relevant records to understanding local reporting requirements: LegalDirekt is by your side. Minimise risks, maximise compliance and build a strong foundation for your German operation.

Do not wait any longer and contact us today and find out how we can help you do business successfully in Germany! Choose LegalDirekt and lay the financial and tax foundation for successful business in Germany.

Sep

Customs regulations and import duties when exporting to Germany

Underestimated by many entrepreneurs, yet this information is essential to be successful in the German market. Not only that, import duties and customs rules are required by law when doing business in Germany. Warning letters, fines and possibly even lawsuits result from failure to comply with these rules.

We will guide you through the most important aspects of customs policies, documentation requirements and tariffs, so you can export products without hassle and unexpected costs. There are 3 main aspects to consider when exporting to Germany

Necessary export documents and procedures

When exporting to Germany, there are several export documents to prepare. These include invoices, packing lists and notes of lading. Besides these documents, certificates of origin and commercial invoices are also very important.

These documents not only help establish the origin of goods, but also affect the application of tariffs and preferential trade arrangements. Our guidance will provide you with detailed insight into which documents are needed for your specific products and market situation.

Requirements for export declarations and licences

Certain products and goods may require additional licences or declarations before they can be exported to Germany.

Requirements for export declarations and licences vary depending on the type of goods and their destination. Products subject to certain restrictions, such as dual-use items or strategic goods, may require additional licences. It is essential to accurately understand and comply with these requirements to avoid delays and problems at customs.

Classification of goods according to the Harmonised System (HS)

Another crucial aspect of successfully exporting to Germany is correctly classifying goods according to the Harmonised System (HS). This globally used classification system ensures that goods are uniformly categorised according to their nature, use and properties. Correct classification is very important as it helps in accurately determining applicable tariffs, taxes and regulations at customs. Our guidance will ensure that you become familiar with this system and understand the impact of correct classification on a successful export experience to Germany.

Import duties and tariffs

When importing goods into Germany, there are various customs duties and fees that may apply. These charges can vary depending on the type of goods and their origin. Import duties are taxes levied when goods cross the border of Germany, and they can be substantial depending on the category of goods and the terms of trade.

Difference between intra-EU and non-EU countries

The distinction between intra-EU and non-EU countries is very important when importing into Germany. For intra-EU trade, import duties often do not apply, thanks to the European Union's internal market and customs union. However, when importing from non-EU countries, different rules and tariffs apply and must be followed.

Calculation of import costs and VAT

When importing to Germany, you need to consider calculating import costs and VAT. This process involves estimating the applicable customs duties, taxes and other charges, as well as the value-added tax (VAT) to be paid upon importation.

Understanding this process is essential to accurately estimate costs and ensure your goods are imported smoothly and in compliance with regulations. Our guidance offers insight into these complex aspects and helps you successfully navigate the import process in Germany.

Trade agreements and preferential tariffs

As an exporter, you can benefit from trade agreements between the Netherlands and Germany. These agreements allow you to receive preferential tariffs when exporting goods.

To benefit from preferential tariffs under trade agreements, you must be able to prove that the products actually come from the country of export. Our team can guide you in obtaining the right proofs of origin and certificates, so that you can take full advantage of the benefits offered by trade agreements.

Customs clearance and handling

The customs clearance process can be complex, especially when exporting to Germany. The procedure for customs clearance and ensuring that goods are released quickly and without problems can be quite a challenge. Special requirements or documentation may be needed for specific products.

Engaging an experienced customs agent can save a lot of time and effort when dealing with customs formalities and customs clearance. Our experts work closely with reliable customs agencies that help with every step of the export process. We ensure that your goods are handled safely and efficiently.

Customs valuation and currency conversion

Determining the customs value of goods correctly is essential to calculate the correct import duties and taxes. In international trade, companies face currency conversion and exchange rate fluctuations.

The customs value of goods refers to the value used to calculate import duties and taxes when importing goods into another country. It is the basis for determining the cost of the import transaction and thus has major implications for the business. To determine customs value, it is important to consider several elements, such as transaction value, freight and insurance costs, royalties and licences, and any other paid or unpaid value added.

The importance of correct customs valuation

Getting customs valuation right is crucial, as it can lead to higher costs if the value is too high or to legal problems if the value is too low. Therefore, it is important to become familiar with the rules and regulations regarding customs valuation in the specific country in which you trade. These rules can vary from country to country, so it is important to know what method of valuation is used and what documentation is required.

The transaction value method is the most common method that uses the actual price of the goods. This usually includes the price actually paid or payable, plus any charges such as freight and insurance costs.
The comparison value method looks at the selling price of similar goods sold at the same time and in the same quantity. This can be useful when the value of the goods is not directly available.
The calculation method takes into account various factors such as production costs, transport costs and profit margins to determine the customs value. This method is usually used when the other methods are not applicable.

Currency conversion and exchange rate fluctuations

International trade involves currency conversion. This involves pricing goods in the currency of the country of origin and then converting them to the currency of the country of destination. This is especially important because exchange rates can fluctuate and have a big impact on the final cost of goods.

These fluctuations can be both positive and negative for international trade. For example, a strong euro against other currencies can be beneficial when importing goods but detrimental when exporting.

In mitigating risk, you can use various currency services and financial instruments such as entering into forward contracts or using options.

Special points of interest and prohibited goods

When exporting to Germany, there are certain goods that require special attention or are even prohibited. Think of medical equipment, weapons and animal products. These goods may be subject to additional controls and permits. There are also goods that are completely prohibited, such as drugs, counterfeit products and infringing materials. Some special concerns include:

Goods subject to sanctions or embargoes: always check whether there are restrictions on importing certain goods to Germany based on international sanctions or embargoes.
Restricted goods: while certain goods are not completely banned, restrictions such as licences or certificates required for importation may still apply.
Dangerous goods: some goods are considered dangerous and have special packaging and labelling requirements. Make sure you follow proper procedures and comply with all safety regulations.

It is advisable to contact customs authorities and relevant agencies to ensure you comply with all rules and regulations related to specific products.

Choose successful exporting to Germany

With our comprehensive Germany export knowledge and expertise on customs regulations and import duties when exporting to Germany, we help entrepreneurs take their exports to Germany to the next level.

Contact us today and find out how LegalDirekt offers support in navigating the complex landscape of exporting to Germany.

Successfully exporting to Germany? Prepare well!

The opportunities for Dutch entrepreneurs in Germany are enormous, but without proper preparation, the risks can also be high. A bad start can mean that export plans have to be stopped in no time. Therefore, it is essential to think about the potential risks and business culture differences prior to the export adventure.

Get off to a flying start with our expert advice

At LegalDirekt, we are aware that successfully exporting to Germany requires not only a good product or service, but also an understanding of the market. Knowledge of local customs and the ability to communicate effectively with potential partners or customers is also essential. Our mission is to support Dutch entrepreneurs in their international ambitions through expert advice.

With years of experience in the German market, we have extensive knowledge of the local business culture and know better than anyone else how important it is to take cultural differences into account. By using our advice, you can avoid the pitfalls that many Dutch entrepreneurs encounter when exporting to Germany. That way, you will be in a stronger position.

Cooperation with LegalDirekt

When exporting to Germany, good preparation is essential for success. At LegalDirekt, we are here to help with selling in Germany. We offer a wide range of services to ensure you are well prepared to enter the German market. What can you expect from us?

Market research: We offer thorough market research that will help you understand the opportunities and threats within a specific sector in Germany.
Cultural training: Understand the cultural nuances and customs that may affect business relationships in Germany.
Legal advice: We support in all legal aspects involved in exporting to Germany, including contract negotiations and intellectual property law.
Networking capabilities: Through our extensive network in Germany, we help find reliable partners and distributors.
Language and communication services: Our language experts are on hand to ensure there are no misunderstandings due to language barriers.
Support in logistics and distribution: Customs formalities, transport or storage, we support with reliable partners in the logistics sector.

Take action for successful exports to Germany

Our goal is to help Dutch entrepreneurs realise their international ambitions in Germany. Are you ready for the next step? Contact us today to find out how we can work together on successful exports to Germany. Together, we will ensure that business potential is maximised,

Exporting to Germany requires thorough market research, knowledge of cultural differences and good communication skills. We help Dutch entrepreneurs minimise risks and maximise their business potential in Germany. Contact us today!

Sep

The German market: an irresistible opportunity for Dutch companies

There is no doubt that the German market holds immense appeal for Dutch companies. With as many as 10,000 Dutch companies spreading their wings towards Germany every year, this translates to an impressive average of 27 new companies per day making the move. This trend is particularly embraced by micro-enterprises, which mainly target the German export landscape.

A deeper dive into the figures reveals a remarkable pattern

In the year 2018, an impressive 10.6 thousand companies chose to export goods to Germany for the first time. The vast majority of these companies were characterised as micro enterprises, with over 83 per cent of these newcomers having fewer than 10 employees. This illustrates the attractiveness of the German market, even for the most modest players in the Dutch entrepreneurial landscape.

The size of the German market is downright impressive

Some 50,000 Dutch companies have set their sights on German soil, 10,000 of which focus exclusively on exporting to Germany. What is even more remarkable is that another 31,000 Dutch companies offer their services in this promising market. This estimate clearly shows that as many as 91% of these companies belong to SMEs, while the remaining 9% can be labelled large companies.

These figures reflect not only the sheer size of the German market, but also the undisputed potential it offers for Dutch companies, regardless of their size or specialisation. The German market is a place where opportunities abound, and it is clear that Dutch companies are embracing these opportunities with open arms.

If you are a Dutch company looking to expand its horizons and push the boundaries of success, the German market is undoubtedly a place where you will find remarkable growth opportunities and possibilities.

Sep

Abmahnungen: risk of fines and lawsuits in Germany

If you operate a website or webshop in Germany, you have probably heard of the term "Warning". These are legal warnings or reminders that put you at high risk of a lawsuit. It stems from your failure to comply with German law.

In the Netherlands, you generally only have to follow broad outlines when it comes to legal documents for your website. But in Germany, the legislation is much stricter and there is even a real "Abmahnkultur". This means that various law firms actively scour the internet in search of companies that do not comply with the legally required pages. As soon as they find such a company, they immediately send an official reminder.

Because German legislation is so complex and strict, it can be difficult to comply with all requirements. Therefore, it is common for companies to unknowingly violate certain laws and therefore face an Warning.

Why are warning letters so dangerous?

The dangerous thing about warning letters are that it can quickly cost you a fortune. For something as simple as forgetting an Impressum (a legally required page with important information about your company), you can be fined at least €50,000 or even more. And that, of course, is a major setback, especially if your company is just starting out or your budget doesn't really need such a fine.

How can you protect yourself?

It can be extremely stressful and costly to deal with a warning letter. Therefore, it is crucial to prepare well and minimize as many risks as possible. LegalDirekt provides you with several tips to protect yourself against a warning letter:

Ensure correct legal documentation

Make sure you have all the necessary legal documents for your website: a Impressum, general terms and conditions and privacy statement. These documents must meet specific requirements and contain no errors. It is therefore wise to hire an experienced professional familiar with German law to draft these documents.

We want to prevent you from facing fines and legal complications as a result of non-compliance. By working with LegalDirekt, you can be confident that your practices in Germany are compliant with relevant legislation.

Keep up to date with German legislation

The German legislation can change regularly, so it is important to keep abreast of any changes and new requirements. This can be done by following legal blogs, attending seminars or by contacting a legal adviser who specialises in internet laws.

Respond adequately to a warning letter

If you unexpectedly receive a warning letter, it is crucial to respond quickly and appropriately. Contact a specialist in German internet law to advise you on the best course of action. It is important to remember that each situation is unique, so seeking professional advice is essential to avoid further legal issues

Avoid fines and warning letters

Failure to comply with legal requirements can result in high fines, which can have a significant impact on the company's financial health. Therefore, it is of utmost importance to ensure that legal documentation is in full order, so that you do business in Germany with peace of mind and avoid any kind of legal problems.

Specific international regulations to local requirements

From complex international regulations or specific local requirements, we are here to guide you and make sure your online activities meet all legal requirements.

At LegalDirekt, we understand that time is crucial in business, which is why we are happy to take responsibility for handling your legal matters quickly and efficiently. At LegalDirekt, we can ensure that everything is settled within 48 hours, allowing you to proceed with your plans and ambitions on the German market without delay.

Contact us today and let LegalDirekt be your guide in complying with legal obligations. We will do everything possible to ensure that your business operates safely, without the risk of fines and reputational damage.

Sep

Legal requirements for contracts in Germany

Drafting contracts is essential in business activities, and in Germany this process is subject to strict legal requirements. A thorough understanding of these requirements is important to create a solid foundation for success in Germany. LegalDirekt dives deeper into the crucial aspects to consider when drafting contracts in Germany.

Clear and specific language

Rights and obligations

A thorough description of the rights and obligations of all parties involved is a cornerstone of a watertight contract. Every aspect of the business agreement should be detailed and exhaustively described to avoid any room for ambiguity or unexpected disputes. This includes not only the agreed services or products, but also the responsibilities and powers of each party.

Industry-related rules

Various industries may have specific legal requirements to be included in contracts. It is important to consider the unique regulations that apply to the industry in question. Failure to comply with these industry-related rules can lead to unforeseen legal complications and financial setbacks.

Consumer protection

When drafting consumer contracts, consumer protection rules play a central role. These rules are designed to safeguard consumers' rights and must be accurately incorporated to meet Germany's high standards in this area.

Drawing up contracts for the German market

By providing tailor-made legal documentation and guidance, LegalDirekt enables companies to meet these multifaceted legal requirements and operate successfully in the challenging German business landscape.

Having the right legal support is invaluable for streamlining business transactions, minimising legal risks and maintaining the trust of partners and clients. With LegalDirekt by your side, you can conduct business in Germany with confidence, knowing that your contractual affairs are fully compliant with applicable laws and regulations.

Challenges in e-commerce in Germany

In Germany, there is a strong emphasis on transparency and disclosure to consumers. This is especially true for e-commerce companies.

HappyTots Baby Store, a Dutch online shop selling prams and baby products, is considering offering its products also to customers in Germany through an e-commerce platform. In expanding into the German market, HappyTots Baby Store faces specific laws and regulations for e-commerce and consumer protection.

There are numerous aspects that HappyTots needs to take into account, such as the fact that the Terms and Conditions must contain specific information. An important aspect of the Terms and Conditions is to provide clear and complete pricing information.

This includes not only the selling price of the product, but also any additional costs that may be added, such as taxes, import duties and any other charges. Customers should be able to get a clear picture of the total cost of their purchase before making a purchase.

Consumer protection and guarantees in Germany

Germany also has strict consumer protection and warranty laws, which affect e-commerce companies like HappyTots Baby Store.

E-commerce companies are required by law to sell products that are safe and comply with applicable safety standards. In case of defects or damage to the product, customers can claim warranty or refund.

Warranty conditions: the legal warranty period in Germany is usually two years. This means that customers are entitled to a repair, replacement or refund if the product becomes defective within this period. HappyTots Baby Store should clearly state what their warranty conditions are and how customers can claim warranty.

Payment conditions:

The Terms and Conditions should also clarify payment terms. This includes information on which payment methods are accepted, how payments are processed and when payments should be made. It is essential to avoid misunderstandings about payment obligations so that both the company and the customer have a clear understanding of the financial transaction.

Shipping costs and delivery times:

Another important aspect of the Terms and Conditions is providing information on shipping costs and delivery times. Customers should know the costs associated with shipping their product(s) and the expected delivery time they can expect. Mentioning shipping methods, delivery options and any additional costs associated with faster delivery can also help bring customer expectations in line with reality.

Right of withdrawal and return policy:

In addition to the above points, e-commerce companies operating in Germany must also state the right of withdrawal and return policy clearly and comprehensibly in their General Terms and Conditions. Customers must be informed of their right to cancel the purchase without giving reasons within 14 days of receiving the product. The return process, the cost of returning and any exceptions to this right should also be included.

Drafting General Terms and Conditions for e-commerce in Germany requires accuracy, transparency and compliance with specific legal requirements. The aim is to fully inform customers about all relevant aspects of their purchase so that they can make informed decisions and avoid potential disputes or dissatisfaction. Failure to correctly state prices, payment terms, shipping costs or delivery times can lead to serious legal and financial consequences for e-commerce companies.

Sep

GDPR legislation: Protection of Personal Data and Privacy

The General Data Protection Regulation (GDPR), known as the General Data Protection Regulation (GDPR) in English, is a European legislation that came into force on 25 May 2018. This law aims to strengthen and harmonise the protection of personal data of individuals within the European Union. Below, we explain why the GDPR is so important:

Why is GDPR legislation important?

1. Protection of Rights

The GDPR strengthens individuals' privacy rights and gives them more control over their personal data. The rights to access, rectify, delete and transfer data are strengthened and protected. responsible for the company's debts, and your personal assets remain separate from those of the LLC.

2. Uniform regulations

The GDPR creates uniform data protection rules across the European Union. This eliminates the complexity of different national laws and regulations, which is beneficial for companies operating across borders. responsible for the company's debts, and your personal assets remain separate from those of the LLC.

3. Responsibility of Organisations

Organisations are now held clearly accountable for managing personal data securely and carefully. This encourages a higher level of data protection in all aspects of business operations.

4. Promoting Trust

The GDPR promotes trust between consumers and businesses by ensuring that personal data is processed in a secure and fair manner. This is essential for building relationships and for the growth of the digital economy.

5. Global Impact

Although it is a European law, the GDPR has global impact. Organisations outside the EU that process personal data of EU citizens must also comply with GDPR rules.

Key Principles of the GDPR

Transparency: Organisations should provide clear and understandable privacy notices to individuals, explaining how personal data is collected and processed.
Permission: The processing of personal data requires explicit, unambiguous consent from the individuals concerned. Consent can be withdrawn at any time.
Reporting obligation in case of data breaches Organisations are required to report serious data breaches to both supervisory authorities and affected individuals.
Privacy by Design and Default Privacy should be built into all processes, systems and services from the start (Privacy by Design) and privacy-friendly settings should be used by default (Privacy by Default).

Conclusion

The GDPR is a crucial step forward in data protection and privacy rights. It places responsibility on organisations to treat personal data with utmost care and promotes a culture of respect for privacy. By providing uniform rules, the GDPR increases trust between individuals and businesses and contributes to a safer digital world.

Sep

Roadmap for Legal Compliance when Doing Business in Germany

When doing business in Germany, you face specific legal challenges. Want to fully comply with legal requirements and protect your business from potential risks? Then follow this practical step-by-step plan:

Step 1: Thorough knowledge of laws and regulations

Start with a deep understanding of the German laws and regulations applicable to your business activities. This includes both general business regulations and specific sector regulations.

Step 2: Identification of Applicable Documentation

Determine what legal documents your company needs, such as Terms and Conditions, privacy statements, contracts and other relevant documents. Make sure you know what information and clauses should be included in these documents.

Step 3: Customised Documentation

Work with an experienced legal expert, such as LegalDirekt, to create customised legal documents that perfectly suit your business activities and comply with German standards. Ensure that all required information is processed correctly and accurately.

Step 4: GDPR-Compliance for Data Protection

If it applies, make sure your company complies with GDPR data protection regulations. Take appropriate technical and organisational measures to ensure the security of personal data. Draft a clear Privacy policy (privacy statement) that provides transparency on how data is processed.

Step 5: Transparent Customer Communication

Make sure your customers are fully aware of their rights, obligations and the costs associated with your products or services. Communicate clearly about prices, shipping costs, delivery times and return policy in your Terms and Conditions and on your website.

Step 6: Regular Update and Monitoring

Keep your legal documents up-to-date and update them when there are changes in laws and regulations or in your business activities. Regularly check that your company still meets the applicable standards.

Step 7: Training of Staff

Make sure your team is aware of relevant legal requirements and procedures. Offer training to ensure your team is well-informed about compliance and data protection.

Step 8: Expert Guidance and Advice

Engage legal experts, such as LegalDirekt, for professional guidance and advice. With complex legal issues or changes in legislation, you can rely on our expertise to keep your business on track.

By following this roadmap, you can proactively work towards full legal compliance when doing business in Germany. It will help you minimise potential risks, avoid legal disputes and position your company on a solid basis for success in the German market.

Jun

The different German company forms

As in the Netherlands, there are various forms of companies in Germany. These company forms can be divided into companies with share capital and partnerships. Capital companies include the Public limited company (PLC) and the Limited liability company (LLC). The Sole proprietorship, Partnership under civil law (PuCL), the General partnership (GP) and the Limited partnership (LP) are German partnerships. To better understand the differences, these company forms are briefly discussed below.

Sole proprietorship (An independent business): This is a sole proprietorship, where an individual independently operates a business. The owner is personally liable for the company's debts. It is a simple and popular option for small businesses.
Limited liability company (LLC): This is a private limited liability company. The GmbH has a separate legal entity and the liability of its owners (shareholders) is limited to their contributions. This is a widely used form of company because of its limited liability and flexibility.
Public limited company (PLC): This is a public limited liability company. It has shares that can be publicly traded on the stock exchange. An PLC is suitable for larger companies that want to raise capital through the stock market.
General partnership (GP): This is a general partnership, in which two or more persons run a business together. All partners have unlimited liability for the debts of the company. GP is suitable for partnerships and small-scale businesses.
Limited partnership (LP): This is a limited partnership, similar to an GP, but with a difference in liability. There are two types of partners: limited partners (silent partners) with limited liability and fully liable partners (complementary partners).
Freelancer (Self-employed professional): This is a corporate form for people with liberal professions, such as doctors, lawyers, accountants and architects. Freelancer enjoy certain tax benefits and can work as individuals without creating a legal entity.
UG (limited liability company): This is a variant of the GmbH, known as the "Mini-PuCL." It has a lower minimum capital investment and is often used by start-ups.

Choosing the right business form depends on several factors, such as the size of the business, liability, tax implications and business goals. It is advisable to seek legal and tax advice before deciding on which business form is best for your situation.

Which company form suits your business?

Each form of company has unique features and advantages, making it essential to be well-informed before making a choice.

The sole proprietorship, limited liability company (GmbH), public limited company (AG), limited partnership (KG), General partnership (OHG), Partnership company (PartG), Entrepreneurial company (limited liability) (LL) the Co-operative (Co).

1. Sole proprietorship

The Sole proprietorship is a common and accessible form of business in Germany. As a sole proprietorship, it offers entrepreneurs the flexibility to run their business completely independently. In an Sole proprietorship, you, as the owner, are solely responsible for all business activities. A key advantage is that you have direct control over all aspects of the business and decision-making.

The Sole proprietorship also offers tax advantages, as profits are taxed as personal income. This can be advantageous for start-ups, especially in the early stages when profits are still modest. However, be aware that you are personally liable for all the company's debts, which can be a disadvantage if the company goes bankrupt.

Advantages of a sole proprietorship:

Flexibility and direct control over the business.
Tax benefits for start-ups.

2. limited liability company (LLC)

The limited liability company (LLC) is a popular business form for small to medium-sized enterprises. The main advantage of a LLC is the limited liability it offers to its founders and shareholders. This means that you are not personally liable for the company's debts, and your personal assets remain separate from those of the LLC.

Establishing a LLC requires a minimum starting capital, but this can be relatively low compared to other business forms. The establishment involves notarial costs and formal procedures, but it offers a professional image that can attract customers and investors.

Advantage LLC:

Limited liability for founders and shareholders.
Professional image and confidence-inspiring for customers and investors.

3. Public Limited Company (PLC)

The Public limited company (PLC) is the most complex and formal form of company in Germany. As a public limited company, the PLC offers shares that are freely tradable on the stock exchange. This opens the doors for external investors and capital increases, making it an attractive option for larger companies.

The PLC has an executive board and a supervisory board, ensuring a separation between management and supervision. This promotes transparency and accountability within the company. However, setting up an PLC is a challenging process and requires significant start-up capital.

Advantage PLC:

Access to external investors and capital raisings.
Transparency and separation between management and supervision.

4. limited partnership (LP)

Advantage of LP:

Combination of personal liability and external investors.

5. General Partnership (GP)

Advantage OHG:

Flexible structure and collaborative decision-making.
No minimum capital requirements for incorporation.

6. partnership company (PartC)

Advantage PartC:

Pooling of expertise and resources without limitations on liability.
Close cooperation between partners.

7. limited liability company (LLC)

Advantage LLC:

Lower minimum contribution than the GmbH.
Possibility to convert to a GmbH after capital increase.

8. Co-operative (Co)

Advantage Co:

Collaboration and community spirit.
Democratic and inclusive business structure.