Corporate Law

Force Majeure and Other Contractual Considerations in the Wake of the COVID-19 Pandemic

On March 11, 2020, the World Health Organization (WHO) declared the respiratory illness called coronavirus disease 2019 (COVID-19) a pandemic, making it the first time that the WHO has declared an outbreak a pandemic since the H1N1 “swine flu” in 2009. As the COVID-19 pandemic continues its rapid, global spread and the numbers of cases and deaths rise, the commercial effects for businesses also increase, including labor issues, regulatory issues from governmental restrictions and quarantines, supply chain and logistics issues from transportation and facility disruptions, and privacy issues from the use and disclosure of medically sensitive personal information. Because these commercial effects may result in an impacted party’s inability to fully perform its obligations under its contracts, companies should consider the risks under existing contracts, as well as how to address COVID-19 and other epidemics and pandemics in future contracts. Read more…

Read full article

QUESTIONS RELATING TO TRAVEL LAW RELATING TO THE CORONA VIRUS

Coronavirus travel warnings. Since December 2019, when the disease COVID-19 caused by the corona virus (SARS-CoV-2) was first diagnosed in the Chinese city of Wuhan, the new virus has spread rapidly worldwide and has already led to numerous victims in neighboring countries . The Austrian Federal Ministry for European and International Affairs initially issued a general travel warning with the highest security level 6 for Iran and South Korea and now for the whole of Italy; for China (Hubei with Wuhan) there is currently at least a partial travel warning with security level 5 (as of March 10, 2020; for the latest travel warnings, see https://www.bmeia.gv.at/reise-sitzhalt/reisewarlungen/). However, the travel warnings of each country only apply to their own citizens (for travel warnings from all EU member states, see  https://ec.europa.eu/consularprotection/content/travel-advice_de ). Read more…

Read full article

On Enterprises’ Obligations of Reporting Employees’ Information during the Epidemic

After the outbreak of Novel Coronavirus Pneumonia (COVID-19), government
departments, enterprises and institutions across the country have been
actively collecting information on the epidemic situation with a view to
maintaining the normal production order and economic order. On February 4,
the Office of the Central Cyberspace Affairs Commission (“CAC”) issued the
Notice on Protecting Personal Information and Using Big Data to Support
Joint Prevention and Control (hereinafter referred to as the “Notice”),
which is intended to urge all local government departments and all
institutions and entities to collect and report personal information related
to the joint prevention and control of the epidemic situation in accordance
with the law, to safeguard personal information security, and to protect
personal privacy from any violation. In this special period, enterprises
must not only make an orderly labor arrangement despite the impact by the
epidemic, cooperate with the information reporting tasks, but also pay
attention to employees’ personal information and privacy protection. This
article aims to clarify the legal basis for collecting and reporting
employees’ personal information to government agencies during this epidemic
situation, and to further provide enterprises with some compliance tips on
how to properly respond to requests for employees’ information from
government departments and secure employees’ personal information and
privacy at the same time. Read more…

Read full article