Prof. Niko Härting

In the election year 2026 of all years, numerous cultural organisations in Berlin are currently receiving mail from Investitionsbank Berlin (IBB). Five years after the coronavirus lockdown, IBB is demanding the money back that Senator for Culture Klaus Lederer used to ensure the survival of many of Berlin's cultural venues in 2020/21. The IBB's tone is gruff and the deadlines set are short. Many of the reclaims are unlawful and the Senate has so far remained silent on IBB's shirt-sleeved practices.

The Distance Learning Protection Act (FernUSG) dates back to 1977 - and was originally intended to regulate distance learning courses where communication was conducted in analogue form by post. Today, the law is still highly relevant for providers of digital training or coaching. In two recent decisions (BGH of 12 June 2025 - III ZR 109/24 and BGH of 2 October 2025 - III ZR 173/24), the Federal Court of Justice confirmed a broad interpretation of the scope of application of the FernUSG. The FerUSG already applies if providers use keywords such as "graduate" or "course" in the course description. Furthermore, entrepreneur contracts are also covered in principle.

Reporters Without Borders e.V. (RSF), represented by us, has lodged a complaint with the European Court of Human Rights (ECtHR) in Strasbourg. The organisation is challenging the use of state trojans by the German Federal Intelligence Service (BND). State Trojans are spyware that is installed on the target's computer or smartphone without their knowledge.

American journalist Jeff Javis is Niko Härting's guest in episode 76.

Every Year the International Bar Association hosts an Annual Conference; this year 2022 in Miami, FL. HÄRTING was represented by Marlene Schreiber, Niko Härting and Martin Schirmbacher.

Can the new law on the legal reform of the protection of secrets in the involvement of third parties in the professional practice of persons subject to secrecy finally eliminate legal uncertainties in outsourcing?