Monthly Dose of Germany: January 2026

The demands posed by ongoing digitalization can be complex and challenging, particularly with regard to cloud computing. Companies face not only technological but also regulatory challenges, such as complying with the GDPR and the EU Data Act. However, transitioning to the cloud can offer significant advantages in terms of efficiency, flexibility, and scalability. We can support you in implementing your cloud initiatives strategically and in full legal compliance.

A cybersecurity breach can disrupt your company’s operations, damage its reputation, and expose significant risks. This Deloitte Legal report explores how, with the right preparation, your legal team can effectively manage incidents, maintain compliance, and leverage difficult situations as opportunities for growth.

The AI Act establishes a common harmonizing framework and has direct legal effect across all EU member states, but several provisions still require national transposition. As EU member states progress with this phase, we are seeing notable differences in their legislative approaches, timelines, and institutional set-ups. To help organizations navigate this evolving landscape, our publication provides a clear overview of the current implementation status and what it means in practice.

This guide provides a detailed overview of recent developments and future trends in data protection, cybersecurity, and artificial intelligence across 43 jurisdictions.

Starting January 1, 2026 a new § 45c AufenthG (German Residence Act) enters into force which imposes new information obligations on employers. The change arises due to the establishment of a new Federal advice centre, which is providing free advice on labor and social law matters to foreign employees.

Judgements of (1) European Court of Justice (ECJ) on the requirements under EU law for the notification procedure in the event of mass redundancies and the legal consequences of omitted or incorrect notifications, (2) Federal Labour Court (BAG) on the validity of fixed-term employment contracts upon reaching the standard retirement age and on the admissibility of differentiating between public officials and employees when granting hardship allowances, (3) ECJ on the protection under EU law of parents of disabled children, (4) Berlin-Brandenburg Regional Labour Court (LAG) on the relevant assessment date for the applicability of the German Dismissal Protection Act (Kündigungsschutzgesetz, KSchG) in the case of staff reduction measures (which the court determines to be the date of the business decision on staff reduction and not the date of receipt of the notice of dismissal, provided that this is based on a uniform plan), and (5) LAG Schleswig-Holstein on the validity of two conduct-related dismissals from employment that were pronounced on the occasion of a ‘funeral speech’ in-tended as a joke in a WhatsApp group.