[Seminar] Reform of EU Data Protection Rules under the GDPR

The General Data Protection Regulation is only five months away from being enforced. Naturally, more and more questions arise from the part of the companies that process data in the EU or receive data from the EU through cross-border transfer.

Atsumi Sakai Janssen’s team has timely responded to its Japanese clients queries on the new EU General Data Protection Regulation by organizing two insightful seminars on December 12 and 14, 2017 in Frankfurt am Main.

Member lawyers, Mr. Becker, Tsuzuki and Soepper, lead the seminar in Japanese language in front of dozens of representatives from the Japanese companies based in Rhein/Main region. Atsumi Sakai Janssen team explained changes in data protection that will be brought about by the GDPR.

During the two-hour seminar lawyers offered explanations on general legal implications and suggestions on assuring compliance. The team has equally discussed some of the possible cases that may take place after the enforcement of the GDPR. Other specifics were discussed further during the Q&A session.

Each seminar was followed by a friendly get-together. During the event Japanese companies’ representatives took the opportunity to acquaint with their colleagues and exchange their business cards.

Labor Law, Employment & Pension

We are advising our clients regarding all aspects of (individual and collective) labor and employment law, including works constitution, collective bargaining, restructuring and outsourcing. Our clients are mainly Japanese companies in Germany and European and US companies in Japan. Often we are entrusted with restructurings or transaction work that entail a variety of labor law related issues. In these cases, our advice ranges from employment law due diligence, over respective provisions in the transactional documents and incentive and retention programs for the management to post merger integration and restructuring matters such as secondments or (mass) dismissals.

Our clients appreciate, that we can compare the situation in Japan with the situation in Europe and thus explain the differences rather than the whole system which is much more efficient and less costly.

General labor, employment & pension law advice that we give includes in particular advising on:

  • drafting, reviewing and negotiating (fix term and time limited) employment agreements, service agreements for managers and secondment agreements as well as termination/settlement agreements with employees and managers
  • restructuring related matters such as mass dismissals, social plans and reconciliation of interest agreements
  • incentive systems, stock option schemes and other corporate benefit programs
  • company pension schemes and pension plans
  • employee inventions and copyrights
  • managers’ (personal) liabilities
  • governance and compliance issues
  • (post-contractual) non-compete obligations
  • (international) guidelines for employees and managers including e.g. internet use, ethics, travel guidelines, corporate governance and compliance
  • labor law aspects of group restructurings and reorganizations
  • labor law related issues in M&A and joint-venture transactions
  • negotiation of collective agreements with the works council (and trade unions)
  • corporate restructuring, redundancy programs and compensation plans
  • labor litigation

Our team includes lawyers fluent in Japanese, English, German, Chinese, Spanish and French. This allows us to read, understand and comment on documents in these languages without translation and we can also communicate in these languages.

Litigation

We advise on local and cross-border disputes in Japan and in Germany in and out of court including complex litigation in commercial and corporate law matters. We give our clients guidance in courts, tribunals, and before governmental bodies. In public law matters we liaise to the extent possible and appropriate with the respective law enforcement agencies and regulatory authorities.

When dealing with litigation, our aim is to resolve any disputes as efficiently as possible keeping in mind our clients best interest.

Our clients engage us for litigation matters as the solutions we are offering are always practical and commercial, aiming at managing risks smartly and avoid litigation if appropriate.

Litigation advice that we give includes in particular advising on:

  • domestic and international arbitrations
  • shareholder disputes
  • disputes arising from M&A transactions and Joint Ventures
  • insolvency and restructuring related disputes
  • mediation and other forms of alternative dispute resolution
  • in and out of court settlements
  • arbitration clauses
  • regulatory investigations and disputes with public authorities
  • internal compliance investigations and conduct them

Our team includes lawyers fluent in Japanese, English, German, Chinese, Spanish and French. This allows us to read, understand and comment on documents in these languages without translation and we can also communicate in these languages.

Corporate

We advise on all major aspects of corporate law. Our scope of advice includes in particular M&A and Joint Venture transactions, company law, corporate restructurings, corporate governance and compliance as well as labor law and regulatory matters.

Our clients are small and medium size as well as large corporations (listed and unlisted) and groups across various sectors. Understanding the respective industry both in Japan and Germany allows us to give our clients tailored advice in particular in the German-Japanese environment. Before this background, our clients appreciate, that we do not only provide sound legal advice in their most sensitive matters but also are prepared to be a strategic advisor to our clients.

Rather small but focused and always prepared to walk an extra mile has earned us a reputation as creating additional value for our clients and (at least sometimes) making the seemingly impossible actually possible.

General corporate advice that we give includes in particular advising on:

  • formation of companies and setting-up of branch offices and representative office both in Japan and Germany
  • preparation of shareholder meetings and shareholder resolution
  • corporate governance matters such as board structure and composition, management compensation policies and succession planning
  • compliance structures
  • corporate restructuring and mergers, demergers and conversions
  • capital increases and decreases, debt-equity swaps and other restructuring matters
  • capital market related matters such as squeeze outs, delistings and in cooperation with Atsumi & Sakai IPOs in Japan

Our team includes lawyers fluent in Japanese, English, German, Chinese, Spanish and French. This allows us to read, understand and comment on documents in these languages without translation and we can also communicate in these languages.