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.
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.
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.