Term and Meaning: Networking during the international placement
Networking during the international placement is a central concept in the context of international professional training, particularly in the area of the legal clerkship. The international placement refers to a phase of practical training completed abroad and offers law clerks and graduates of law studies the opportunity to gain international practical experience. Networking during this time includes all activities aimed at establishing and maintaining professional contacts with domestic and foreign individuals, institutions, and organizations. This networking plays a significant role both for personal career development and for the international transfer of knowledge and experience.
Legal Basis of the International Placement
Relevance in the Legal Clerkship
The legal clerkship is divided into various stages, one of which—depending on state legislation—may be completed as an international placement. The legal basis for this is essentially established by the respective Laws on Legal Training and the training regulations of the federal states (for example, § 5d DRiG in conjunction with the state legal training laws and legal clerkship ordinances). These specify both the admissibility and process of international placements in concrete terms.
Permissible Activities and Institutions
The international placement can be undertaken, among others, at courts, administrative authorities, international organizations, in the diplomatic service, or in foreign law firms (with restrictions). Official recognition of the international placement regularly requires approval from the relevant training authority. During this placement, clerks may generally participate in the daily work of the placement site, provided this does not contradict German training requirements and is aligned with the training objectives.
Legal Dimensions of Networking
Data Protection Aspects
Networking within the framework of the international placement gives rise to specific data protection issues. In the transfer and storage of personal data (e.g., contact details, CV) abroad, compliance with the General Data Protection Regulation (GDPR) and applicable foreign data protection laws is required. Especially when transferring data to third countries outside the European Union, additional requirements (e.g., standard contractual clauses, adequacy decisions) must be observed.
Processing and Disclosure of Personal Data
Any disclosure of contact details and information during networking events must be carried out with due regard for data protection law. The consent of the persons involved is generally required by law. This also applies to the use of professional networking platforms and the sending of professional messages.
Labor Law and Service Law Framework
Legal clerks and trainees remain subject to the provisions of their training relationship during the international placement. This means that their right to network and undertake additional professional contacts is not unlimited. All contacts and secondary activities must be reported and, in case of doubt, approved by the responsible training authority in order to avoid conflicts of interest or the creation of sham relationships.
Compliance Requirements
International organizations and companies frequently require compliance with strict compliance policies within the scope of networking relationships. These include, among other things, rules to prevent corruption, accepting benefits, and nepotism. Participation in networking events or informal gatherings must comply with these rules.
Immigration and Visa Law Provisions
Carrying out an international placement often requires visas, residence permits, or work authorizations, depending on the country and duration of stay. The legal situation varies significantly internationally. The purpose of the trip (training or internship) must be clearly stated in the visa application. Networking, especially when it involves making contacts with potential employers or conducting interviews, may under certain circumstances be subject to additional visa regulations.
Restrictions and Reporting Obligations
In some countries, there is a reporting obligation for all professional activities, including networking events. If networking events are used to solicit work, it may be necessary to check whether this is compatible with the status of the residence permit.
Legal Risks and Obligations Associated with Networking
Confidentiality and Non-Disclosure
Both during and after the international placement, legal clerks are obliged to maintain confidentiality regarding official matters. Networking must not result in unauthorized disclosure of confidential or protected information. This can be particularly relevant in discussions with competing companies or organizations.
Avoidance of Conflicts of Interest
Networking can lead to situations where private and official interests collide. To safeguard neutrality and independence, conflicts of interest and potential bias must be promptly reported to the relevant training entity.
Copyright and Labor Law Protection Rights
When exchanging work results or know-how during networking activities, copyright and labor law requirements must be observed. This applies, for example, to presentations, academic papers, or the sharing of company-internal documents.
Roles and Stakeholders in Networking
Training Authority
Supervision of behavior during the international placement, and thus also of networking, is exercised by the competent training authority. In exceptional cases, it may issue warnings or initiate disciplinary measures if applicable regulations are violated.
Host Institutions
Host institutions set their own codes of conduct or “Codes of Conduct,” which are binding for networking as well. Compliance with these rules is part of the training agreement.
Conclusion and Outlook
Networking during the international placement is a multifaceted and legally complex process that is highly significant for personal and professional development. Complying with data protection requirements, employment and service law conditions, as well as foreign visa and residence requirements, is essential to minimize legal risks. By carefully observing all relevant regulations, the opportunities presented by international networking can be fully exploited without risking legal disadvantages.
Frequently Asked Questions
Which data protection aspects must be observed when exchanging contact details during an international placement?
When exchanging contact details within the context of networking during an international placement, the General Data Protection Regulation (GDPR) is particularly relevant when personal data of natural persons in the European Union are processed. If contact is made with persons outside the EU, the respective national data protection requirements must also be observed. Before exchanging business cards, email addresses or telephone numbers, it must be checked whether the consent of the person concerned has been obtained or whether there is a legal basis such as contract initiation (Art. 6 para. 1 lit. b GDPR). For group events, participants should be informed in advance about possible publication of lists and be offered an opt-out option. If data is stored in cloud services or shared via social media platforms, it must be ensured that an adequate level of data protection exists, especially if data is transferred to third countries. The rights of data subjects under Art. 12 ff. GDPR, such as access, erasure, or rectification, must also be guaranteed during an international placement and communicated transparently to data subjects.
Are contacts made during an international placement subject to special confidentiality obligations?
Contacts, especially in a legal context, may be subject to statutory or contractual confidentiality obligations, for example, attorney-client privilege (§ 203 StGB for certain professions such as lawyers or notaries) or confidentiality clauses in employment contracts. In networking discussions, it is therefore particularly important to treat sensitive information about mandates, clients, trade secrets, or ongoing proceedings strictly confidentially and only disclose them with explicit consent. In some cases, professional conduct rules also apply, such as in international law firms or institutions. If a person is in doubt about whether certain information may be shared, prior consultation with the employer or client is strongly recommended.
What legal risks arise from giving or receiving recommendations or references within the scope of networking?
When giving or receiving recommendations, references, or testimonials—in any form (in writing, by email, or via social networks such as LinkedIn)—liability issues may arise. Anyone giving a recommendation assumes a certain responsibility for the accuracy and completeness of the statements, which could lead to claims for damages or injunctions in the event of loss. Reference letters for third parties must be drawn up carefully and truthfully, and may not contain false facts or impermissible value judgments. In certain sectors, such as legal services, recommendations may also be considered violations of fair competition rules if they breach professional advertising restrictions. It is advisable to check the legal framework in advance and, in particular for certificates or testimonials, to pay attention to formal correctness and proper authorizations of representation.
Are there statutory requirements for obtaining consent when taking network photos?
The creation and subsequent sharing of network photos in Germany is regulated in particular by the Art Copyright Act (§ 22 KUG) and the GDPR. As a rule, photos in which persons can be recognized may not be taken or shared publicly without their explicit consent. The consent must be demonstrable, specific, and obtained voluntarily. In some cases—such as at events of public interest—an exception may apply under § 23 KUG. In such cases, a balance of interests must always be carried out. Regardless, the right to one’s own image remains, so that those concerned may revoke their consent and are entitled to have the photo deleted. If photos are transmitted to a non-European country or published on social media, the data protection requirements of those countries must also be observed, especially with regard to data transfers to third countries.
How should the exchange of network information via email be structured to ensure legal compliance?
When sharing network information via email, general business communication and data protection principles apply. It is important to ensure that emails containing personal data or confidential information are transmitted in encrypted form. End-to-end encryption or secure email providers are suitable for this purpose, for example. When copying multiple contacts (CC), email addresses should not be visible to other participants in order to maintain confidentiality (use of the BCC field). Electronic communications may not contain unlawful content, particularly no discrimination or unfair competition information. Email signatures should comply with the legal requirements of the respective country, including imprint obligations or mandatory information for business communication. Retention and deletion periods according to the GDPR must also be observed, and data subjects must be informed of their rights.
What legal consequences may arise from accepting gifts or invitations in connection with networking activities?
The acceptance and offering of gifts or invitations in connection with networking during an international placement may constitute the criminal offense of accepting benefits (§ 331 StGB) or granting benefits (§ 333 StGB) if officials or public sector employees are involved. In the private sector, anti-corruption rules such as the Act on Combating Corruption in International Business Transactions may apply. Exceeding certain value limits can be interpreted as impermissible influence and lead to criminal and disciplinary consequences. Many companies have internal compliance regulations that set permissible maximum values and reporting requirements for gifts and invitations. Before accepting or distributing benefits, it should always be checked whether this is legally permissible in the country concerned and in accordance with internal regulations. If necessary, written approval from supervisors or compliance departments should be obtained.