Clarification of terms and general information
The term Using international contacts for career advancement refers to all activities, measures, and strategies in which private or business relationships with persons, companies, or institutions abroad are actively used to promote one’s own professional development. Especially in the era of globalization, international contacts are becoming increasingly important for career planning. They can be established, among other things, through stays abroad, international projects, collaborations with foreign companies, or through networking at global professional events.
Within Germany and the European Union, the use of international contacts for career purposes is shaped by a variety of legal frameworks that affect both individual employees and companies. Legal issues may arise, for example, in employment law, tax law, immigration law, social security law, data protection law, or in connection with anti-corruption regulations.
Legal framework for the use of international contacts
Employment and contractual aspects
Using international contacts for career purposes is often associated with cross-border activities, assignments, or international employment relationships. Various labor law regulations apply:
- Fixed-term employment and contract design: Contracts for activities abroad must comply with the respective national requirements; for example, the German Act on the Posting of Workers (AEntG) must be observed.
- Equal treatment and prohibition of discrimination: The General Equal Treatment Act (AGG) prohibits discrimination, including when a stay abroad is part of career planning.
- Applicable law: According to the Rome I Regulation (EU Regulation No. 593/2008), it must be determined which law applies to employment contracts with international contacts. Often, the regulations of the country of employment are decisive.
Tax implications
Using international contacts for career purposes can have significant tax implications:
- Double taxation agreements (DTA): To avoid income from international activities being taxed twice, states conclude DTAs. These define which state has the right to tax.
- Worldwide income principle: In Germany, those with unlimited tax liability are subject to income tax on their worldwide income, unless a DTA stipulates otherwise.
- Permanent establishments and self-employment: Those who become self-employed internationally through international contacts can establish permanent establishments in several countries for tax purposes, which may result in additional tax obligations.
Social security law regulations
For activities abroad based on international contacts, questions regarding social security often arise:
- Law on posting of employees: Regulation (EC) No. 883/2004 governs under what conditions posted workers can remain covered by social security in their home country.
- Social security agreements: Germany has concluded bilateral agreements with numerous countries to avoid double social security obligations.
- Proof of insurance requirement: Affected persons often must carry certificates such as the A1 certificate when on assignments abroad.
Residence and immigration law
Those who use international contacts for their career through an extended stay or employment abroad must observe the respective immigration and residence laws:
- Visa requirement and work permit: In many countries, a special residence permit or work permit is required to carry out employment.
- EU Blue Card and ICT Card: For skilled workers from non-EU countries, regulations such as the ‘EU Blue Card’ facilitate access to the labor market within the EU, provided certain requirements are met.
- Cross-border mobility: For EU citizens, the free movement of workers under Article 45 TFEU generally applies, simplifying access to labor markets within the EU.
Data protection requirements
Especially when using digital international contacts, numerous data protection law issues arise:
- Transfer of data abroad: The transfer of personal data to countries outside the European Economic Area (third countries) is permitted under the GDPR (General Data Protection Regulation) only if there is an adequate level of data protection or appropriate safeguards are in place.
- Consent and information: For networking platforms and international applications, informed consent for data processing is often required.
- Processing of special categories of personal data: Sensitive information, such as political opinions or union membership, may only be transmitted under strict conditions.
Anti-corruption and compliance
In the context of using international contacts for career purposes, compliance with national and international anti-corruption rules is relevant:
- Anti-corruption laws: The German Criminal Code (§§ 331 ff. StGB) criminalizes various forms of bribery and corruption, even if committed abroad.
- International agreements: Agreements such as the OECD Convention on Combating Bribery of Foreign Public Officials require companies to implement comprehensive compliance measures.
- Transparency and avoidance of conflicts of interest: When using international contacts professionally, potential conflicts of interest must be disclosed and documented.
Opportunities and risks from a legal perspective
International contacts open numerous opportunities for career advancement, but they are always associated with legal risks that must be assessed.
Opportunities
- Professional development: International contacts enable work in international markets, access to new industries, and expansion of one’s professional network.
- Language and intercultural skills: Developing international competencies in a legally secure manner is increasingly recognized as a career criterion.
Risks
- Legal uncertainty: Different national regulations can lead to uncertainties, especially regarding employment, tax, and social security law.
- Liability issues: Violations of local laws, for example in the area of anti-corruption or data protection, can result in significant sanctions.
- Career obstacles due to rule violations: Illegal employment, tax or social security offences can result in professional consequences or even an entry ban.
Conclusion
The use of international contacts for career purposes is legally complex and shaped by numerous national and international regulations. Those wishing to use international contacts for professional development must thoroughly familiarize themselves with employment, tax, social security, residence, and data protection requirements. To avoid legal uncertainties, liability risks, and other disadvantages, it is essential to be comprehensively informed about the relevant country-specific and international frameworks. Only in this way can the sustainable benefit of international contacts for career advancement be achieved in a legally secure and successful manner.
Frequently asked questions
Can the use of international contacts to promote a career lead to a conflict of interest?
From a legal perspective, using international contacts to promote a career can lead to a conflict of interest if maintaining such relationships impairs official duties or loyalty requirements towards one’s current employer. This particularly applies in the public sector or in security-relevant industries, where national and international compliance requirements must be strictly observed. Employees should disclose any potential connections if there is a possibility that private contacts abroad may directly or indirectly influence business decisions, contract conclusions, or career advancement opportunities. Depending on the legal area, there may be reporting obligations, requirements for prior approval, or even an obligation to refuse certain activities to avoid a conflict of interest. Non-compliance may result in disciplinary action, compensation claims, or even criminal consequences.
Are international contacts in a professional context subject to certain reporting or documentation obligations?
Depending on the work environment and industry, international contacts may be subject to reporting or documentation obligations. For employees in the public sector, in academia with grant-relevant projects, in security-critical sectors, or in companies with a pronounced compliance structure, it is often required to disclose contacts with foreign institutions, authorities, or business partners. Accepting invitations abroad, initiating collaborations, or taking sensitive data abroad must also be documented. This serves to ensure transparency in decision-making processes, prevent corruption and espionage, and protect trade secrets. Non-compliance can result in sanctions up to exclusion from the profession, fines, or contractual penalties.
What legal requirements apply when exchanging confidential information with international contacts?
When exchanging confidential or personal data with international contacts for professional purposes, various legal requirements apply, in particular data protection laws such as the GDPR, export control regulations, or confidentiality obligations. The transfer of company secrets, trade secrets, or personal data to countries outside the EU often requires additional safeguards such as standard contractual clauses, business partner agreements, or approvals from the relevant authorities. Violations of these regulations may not only lead to civil claims for damages but also to substantial fines or criminal prosecution. Companies are obliged to regularly train employees and establish processes to ensure compliance with legal requirements.
To what extent must benefits or gratuities received from international contacts be reported?
Under German law – for example, under §§ 331 ff. StGB (acceptance of benefits or bribery in public office) and relevant compliance guidelines of private companies – benefits, gifts, or other gratuities received from abroad must, in principle, be reported if they are related to professional activities. Transparency obligations apply in particular if a connection to ongoing or future business relationships cannot be ruled out. Even seemingly minor attentions may trigger a reporting obligation if an objective observer could perceive them as undue influence. The internal compliance department or supervisors are often the first points of contact for assessing and documenting such matters.
What special employment law regulations must be observed in the case of overseas assignments and cooperation?
In the case of temporary overseas assignments or cooperation with foreign organizations, numerous employment law requirements must be observed. These include the law on posting of employees, the Temporary Employment Act, as well as contractual rules on working hours, remuneration, or social security. In some cases, local labor law at the place of assignment and international agreements (e.g. social security agreements) also apply in international projects. Furthermore, the co-determination rights of the works council and instructions from the employer must be observed. Violations of these regulations can lead to the invalidity of posting agreements, liability risks, or disadvantages under social security law.
Does German anti-corruption law apply to international contacts in the context of career promotion?
German anti-corruption law (§§ 299 ff. StGB and special legal provisions such as the UWG or the Law on Combating International Bribery) generally also applies to actions connected with international contacts in the context of career promotion as soon as there is a link to the German market, companies, or public administration. Even the attempt to gain a professional advantage through international contacts in the sense of improper influence may be a criminal offense. Therefore, compliance programs should also cover international contacts and provide clear rules for conduct and communication in cross-border dealings. Especially for executives, extended supervisory and control duties exist.
What legal risks exist when using international networks for one’s career?
The use of international networks can involve numerous legal risks. In addition to data protection violations, export control offences, and breaches of confidentiality obligations, there is a risk of violating contractual prohibitions on secondary employment, compliance rules on accepting advantages, or non-compete clauses. Unclear competition rules in international tenders or cooperation can also result in liability for antitrust violations. Activities for competing organizations abroad are particularly critical and can lead to claims for damages or immediate termination. Legal advice and compliance with internal governance and approval requirements are essential to minimize these risks.