Would you or your employees like to work remotely from another EU country - for example from Spain, Portugal or Italy?
Then it is important to keep an eye not only on the technical feasibility, but above all on the legal framework. Because the following also applies within the European Union:
Mobile working across borders requires careful legal planning.
As a law firm specializing in IT law, employment law and data protection, we are at your side. We advise companies, HR departments and employees on all legal issues relating to mobile working within the EU - well-founded, practice-oriented and always with an eye for the essentials.
Mobile working in the EU: What many overlook - and what really matters
In many companies, working from abroad is now part of everyday life. However, although the free movement of workers applies throughout the EU, there are numerous legal pitfalls associated with this that are often underestimated:
- What labor law regulations apply locally - in addition to German law?
- Does the German social security obligation remain in place - or is a change necessary?
- Do I have to apply for an A1 certificate - and what happens if I fail to do so?
- Could a permanent establishment for tax purposes be created - with far-reaching consequences for the company?
- And how can it be ensured that data protection is also complied with abroad?
All of these issues affect not only large companies, but also start-ups, SMEs and individuals. This is why it is crucial to create legal clarity at an early stage - and this is exactly where we can support you.
Our services - how we support you with EU-wide remote work
Employment law advice & contract drafting
Mobile working is changing the traditional understanding of the place of work - and therefore also the legal requirements for employment contracts. We work with you to design legally compliant solutions that are tailored to your individual needs:
- We check which employment law applies - in particular in accordance with the Rome I Regulation.
- We draw up or revise employment contracts so that they explicitly reflect mobile working.
- We develop supplementary agreements that regulate, for example, the place of work, return options and rights to issue instructions.
- We ensure that the requirements of the EU Posting of Workers Directive and the Verification Act are met.
Social security & A1 certificate
The question of the right social insurance is often complex when working across borders. So that you are on the safe side legally:
- we check whether German social security law continues to apply,
- we advise on posting in accordance with Art. 12 of Regulation (EC) 883/2004,
- we support you in applying for and managing the A1 certificate,
- and help you to avoid mistakes that could lead to fines or insurance gaps.
Tax valuation & permanent establishment avoidance
A permanent workplace abroad - be it a home office in Spain or a vacation home in Portugal - can have consequences under tax law. To avoid unpleasant surprises:
- we analyze whether the foreign work could create a permanent establishment within the meaning of tax law,
- we clarify together with your tax advisor whether there are any wage tax obligations abroad,
- and help to structure cross-border activities properly for tax purposes.
Data protection & IT compliance for mobile working
Data protection does not end at the national border - on the contrary: new risks arise when working in other EU countries. Therefore:
- we check whether your data protection measures (TOMs) are also sufficient for mobile working from abroad,
- ensure that access rights and data transfers are organized in compliance with the GDPR,
- and support you in the creation or revision of internal remote work guidelines.
Which EU countries we frequently advise on
Whether it's mobile working in Spain, a temporary stay in Portugal or a permanent job from Italy - we know the special features of the most popular EU destination countries and can advise you, among other things, on:
- 🇪🇸 Spain - including NIE number, social security number, public holiday law, residence registration
- 🇵🇹 Portugal - also with regard to special tax regulations
- 🇮🇹 Italy - with a focus on working time law and reporting obligations
- 🇫🇷 France, 🇬🇷 Greece, 🇭🇷 Croatia and many more
For whom is our advice particularly worthwhile?
Our advice is aimed at companies and individuals who:
- enable mobile working within the EU or want to use it themselves,
- want legal certainty with regard to employment contracts, social security and tax issues,
- want to protect themselves against surprises from the authorities, fines or unwanted risks,
- rely on sound, tried-and-tested expertise in cross-border work.
Why you should work with us
- Specialization in IT law, employment law and data protection
- In-depth specialist knowledge of European social and tax law
- Experience with cross-border contract drafting and compliance
- Efficient, pragmatic advice - at eye level and with an eye for economic contexts
- Clients from all over Germany - from start-ups to SMEs
Secure your individual consultation now
Whether you as an employer want to enable your employees to work remotely throughout the EU or want to work abroad yourself: We will show you the best way - legally secure and individually tailored to your situation.
👉 Contact us now - we will advise you personally and straightforwardly.
