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On 21 May 2020, Law no. 62/2020 on certain facilities related to rent payment during the emergency state period was published in the Romanian Official Gazette (the “Law”) and entered into force as of 24 May 2020.

As well known, the processing of special categories of personal data is prohibited under article 9 of GDPR, unless one of the exceptions for processing is met. In the first part of this article available here we have analyzed the corelative nature of Articles 9 and 6 under GDPR, whereas the second part, available here, focused on detailing the first seven exemptions set forth under Article 9 paragraph (2) letters a) – g) of the GDPR.

This part of our series about “The conundrums of processing special categories of personal data under the General Data Protection Regulation” follows the first article of the series, in which we discussed the correlation between Articles 6 and 9 of the GDPR.

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) aims at introducing concepts and rules to strengthen the protection of fundamental rights and freedoms of natural persons in respect of data processing activities. The question has been raised on whether and how the GDPR achieves this in relation to special categories of personal data, with opinions expressed as far as to question whether a specific regime for such categories of data is still adequate when we all agree that there may be not the data itself that is special or sensitive but rather its use.

In the context of the new coronavirus outbreak, numerous legal concerns may arise in connection with the future performance of contractual obligations derived from financing agreements such as credit agreements, leasing agreements and alike.

Between around 2001-2011, certain private electricity suppliers (the “smart guys”, as they were called by the press) entered into long-term (10-15 years) bilateral power purchase agreements (“PPAs”) with state-owned producers (amongst which, notably Hidroelectrica) under quite unfavorable conditions for the latter.  Basically, the “smart guys” used to buy electricity from the state-owned producers at very low prices while making large profits by re-selling this cheap electricity at much higher market prices. Such PPAs were directly negotiated between the parties outside an organized market (the whole process and the contract itself being a private and confidential matter) and many of them were loss making for the selling state-owned producers (for instance, Hidroelectrica filed for insolvency and unilaterally terminated all such contracts eventually).

Bondoc si Asociatii has assisted JD Norman Industries Inc., a US-based manufacturer of steel components, with Romanian law aspects of its acquisition of REGE Automotive Brasov. The transaction, which involved the shareholdings of REGE Group in several countries, including Germany and Romania, involved financing by Wanxiang America Corporation, and Bondoc si Asociatii assisted JD Norman Industries on Romanian law aspects of that as well. Dentons advised Wanxiang America on the financing.  

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Bondoc si Asociatii at a Glance

Bondoc și Asociații SCA is a leading Romanian law firm advising private corporations, public entities and lending institutions in the development of significant and increasingly integrated projects in a wide range of practice areas, including corporate and commercial law, M&A, banking & finance (including also structural funds and state aid), energy, capital markets, competition law, labor, real estate, IT&C, regulatory and compliance. Its lawyers are specialized in providing integrated advice on virtually every legal aspect associated with complex cross-border transactions, as well as domestic projects.

We have the experience and necessary resources to advise private corporations, public entities and financial institutions in their cross-border expansion, in the development of significant and increasingly integrated projects.

In terms of M&A transactional work, our team has been involved in many significant transactions covering a broad range of industries.

We are one of the few firms capable of assisting in a professional manner on virtually any type of M&A project in any industry in Romania and of any size, including with respect to highly regulated sectors or in connection with public authorities.

We have very strong departments in all support areas needed for such transactions, including without limitation competition, commercial law, real estate, labor law, banking &finance, energy, environment, and other regulatory.

Key Information:

  • 9 partners;
  • 40 lawyers, most of whom have also studied abroad;
  • Covering the full range of legal services;
  • Having worked on many of the largest and most complex projects in the Romanian market in the past 3 years;
  • One of the very few Romanian law firms growing in the market;
  • Highly recommended by international directories in 11 areas of law.

We offer:

  • Integrity;
  • A Client-oriented approach;
  • Top quality services, including in highly regulated sectors;
  • A size allowing for the coverage of several large projects at the same time;
  • Very strong experience in both domestic and international complex projects, including in highly regulated sectors;
  • A holistic approach.

Expertise:

Our lawyers have wide experience in dealing with complex and sophisticated legal matters.

  1. Banking & Finance
  2. Capital Markets
  3. Commercial
  4. Competition
  5. Corporate / Mergers & Acquisitions
  6. Data Protection
  7. Employment
  8. Energy & Natural Resources
  9. Environment & Regulatory
  10. Healthcare/Pharma & Medical Services
  11. Insurance and Private Pensions
  12. Intellectual Property
  13. IT/Technology & Communications
  14. Litigation & Arbitration
  15. Media, Entertainment & Advertising
  16. Public Procurement & PPP
  17. Real Estate& Constructions
  18. Restructuring & Liquidation
  19. State Aid & European Structural Funds
  20. White Collar / Investigations & Compliance

For further information about Bondoc si Asociatii Law Firm, please visit our website at bondoc-asociatii.ro.