Monthly Dose of Germany: July 2026

Article by: Dr. Till Contzen, Dr. Söntje Hilberg, Melinda Upton, Richard Punt and Sebastiaan ter Wee

Issue Averted: From AI autonomy to accountable action

By embedding legal oversight and clear accountability into Agentic AI from the outset, businesses can harness autonomous technology with confidence and control.

Authors:Susanne C. F. Turner, Sonja Hoffmeister, Isabel Landgraf and Kate Marie Bushell

A Chambers Global Practice Guide

The Corporate Immigration 2026 guide features over 20 jurisdictions. The guide provides the latest legal information on nations’ corporate immigration policies, visa options and requirements, immigration processes and the costs involved, immigration enforcement systems, and the rules around accompanying family members.

Article by: Alireza Siadat, Dr. Ralph Wyss and Soheil Modheji

1 July 2026 is a key date for the European crypto-asset market: this is when the grandfathering period for crypto-asset service providers (CASPs) comes to an end. In a recent article, we outlined what the end of grandfathering means for CASPs not (yet) authorised under MiCAR and what options are available to them. This article is now aimed at a specific group that has often been overlooked in the discussion so far: representatives of Swiss banks. For these institutions, 1 July 2026 is not a risk – but a strategic starting signal.

Article by: Matthias Meinert, Dario Jüttner, Lisa Baumann and Alexey Weizmann

Revised minimum requirements for risk management by investment funds put out for consultation

On 12 June 2026, the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - Bafin) published the proposed amendments to its circular ‘Minimum Requirements for the Risk Management of Capital Management Companies’ (KAMaRisk) in the form of a summary of amendments/consultation draft and opened it for consultation (“Consultation Draft”). The revision is prompted in particular by the FRiG, which transposed AIFMD 2.0 into national law. According to Bafin itself, the Consultation Draft pursues two main objectives: reducing complexity and harmonisation with the European legal framework.

Bafin is redefining the relationship between national administrative practice and directly applicable EU law, streamlining key requirements and relaxing previously very rigid organisational requirements in several areas, whilst maintaining the same high standards for robust risk management. The changes are of particular relevance to capital management companies (Kapitalverwaltungsgesellschaften) that manage credit funds, as the previous KAMaRisk was widely criticised in the market as a ‘German exception’ and caused considerable organisational and procedural burdens for the capital management companies concerned.

Article by: Dennis Buschmann

Challenges in identifying, legally assessing, and addressing violations of reporting obligations relating Movement of Capital and Payments under the German Foreign Trade and Payments Ordinance

Cross-border transactions, intercompany loans, transit trade transactions, cash pooling structures, other claims and liabilities vis-à-vis foreign business partners, as well as cross-border shareholdings have become part of the day-to-day business for companies operating internationally. While sanctions compliance and export control regulations typically receive significant attention within corporate compliance frameworks, reporting requirements relating Movements of Capital and Payments under the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – AWV) and the Foreign Trade and Payments Act (Außenwirtschaftsgesetz – AWG) are often overlooked in practice.

Article by: Dr. Lars Hinrichs, Elisa Ultsch, Leonie Scharwächter and Katja Sartori-Röthke

Our Monthly Dose of Employment Law on current case law deals in its third issue of 2026 with the deci-sions of the

(1) the German Federal Labour Court (Bundesarbeitsgericht, BAG) of 26 November 2025 (5 AZR 118/23) concerning the unlawful unequal treatment of part-time employees in the granting of collectively agreed overtime premiumsonly from the first overtime hour worked by full-time employees;

(2) the Lower Saxony Higher Labour Court (LAG Niedersachsen) of 12 January 2026 (84 SLa 454/25) concerning the limits of the employer’s managerial prerogative in assigning a new function to an employee holding a management position;

(3) the BAG of 30 October 2025 (2 AZR 160/24) concerning the appropriate duration of a probationary period in a fixed-term employment relationship within the meaning of Section 15(3) of the German Part-Time and Fixed-Term Employment Act (TzBfG);

(4) the German Federal Social Court (Bundessozialgericht, BSG) of 13 November 2025 (B 12 BA 8/24 R) concerning the failure to meet the statutory minimum wage through the provision of a company car with the option of private use;

(5) the Labour Court Nuremberg of 15 January 2026 (9 BVGa 3/26) concerning the claim of a dismissed candidate for election to the works council to obtain time-limited access to the establishment for the purpose of election
campaigning in the run-up to a works council election.

Article by: Dr. Hannes Bracht and Nauar Kaumi

Besides greater proportionality and personal responsibility, the interaction with DORA also changes

The Federal Financial Supervisory Authority (“Bafin”) published the 9th amendment to the Circular on Minimum Requirements for Risk Management (“MaRisk”). The stated goal of the amendment is to reduce complexity, strengthen the principle of proportionality, and place greater emphasis on principles rather than detailed requirements. In addition to these fundamental decisions, Bafin’s statement that ICT services will no longer be classified as “outsourcing” is likely to have far-reaching consequences for affected institutions and their third-party risk management.

Article by: Dr. Theresa Kohl and Dr. Charlotte Sander

Employer Obligations and Support Options for Workplace Inclusion for the Employment of Severely Disabled Employees

Employing people with severe disabilities is not only a social responsibility but also entails far-reaching obligations for employers. Employers who are unaware of the relevant legal requirements risk having terminations deemed invalid, fines imposed, and being subject to claims for damages. In addition, the employment of employees with severe disabilities is supported by various public bodies and institutions; employers should be aware of these funding and support options and take advantage of them.