In The Spotlight
One week before the General Data Protection Act (GDPR) came into force on May 25, 2018, the Hungarian office of Schoenherr organized a one-day seminar to highlight some of the key elements of the regulation that companies in the real estate sector should keep in mind.
Translation works, which were created by transferring the intellectual artwork created in one language into another one, are preserved and considered as a work in today’s laws. This is undoubtedly due to the fact that translation works are results of intensive work and labor. Although translators are working on the basis of the original work, they are adapting the original work to another language by transferring information from their previous experiences. In this regard, it is an undeniable fact that translations should be evaluated as a separate work independently from the original work.
Medical intervention is defined as actions taken by medical institutions, physicians and medical personnel in order to diagnose, cure and prevent diseases. Medical intervention notion has a wide variety from curing or preventing an ailment to fulfilling a request relating to an aesthetic matter.
Social Media is omnipresent these days and individuals as well as companies increasingly use these instruments as communication and marketing tools. Moreover, the development of Social Media platforms, like interactive online rating and comparison platforms, is also of interest for the start-up sector. However, this increasing importance of Social Media also raises questions about the liability for the published content and legal remedies to protect and enforce affected legal positions.
Everything is quite simple. Marriage registration between foreigners in Ukraine is a legal, easy, fast and fairly cheap procedure.
The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade (“Ministry”). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
The current state aid system in Poland provides for preferential treatment of investors who set up their business in the territory of one of the Special Economic Zones (SEZ), i.e. within a legally designated part of Polish territory. The SEZ benefits include, in particular, exemptions relative to corporate income tax for corporations or personal income tax for non-corporate entities. However, in recent years this system has failed to keep up with ever-changing socio-economic challenges. The zones have proved to be a rather inadequate instrument for sustainable development and the rules of support in Poland have become less attractive compared to those offered by foreign competitors.
The reasoned decision1 of the Turkish Competition Board (the “Board”) concerning the preliminary investigation initiated by the Turkish Competition Authority (the “Authority”) against four movie producers and their professional union has been published on the official web-site of the Authority on March 8, 2019 (the “Reasoned Decision”).
The Austrian Supreme Court has abolished its former line of decisions on the recognition of collateral granted by way of security transfer (Sicherungsübereignung) under foreign jurisdiction. From now on, Austrian courts will have to recognise such collateral even if it does not comply with Austrian publicity requirements (Pubilzitätserfordernissen). This decision will enhance legal security and the overall position of creditors in an international context.
On February 21, 2019, the Antimonopoly Committee of Ukraine (hereinafter – the "AMCU") adopted Recommendations on the Application of Competition Legislation in Vertical Practices on Supply and Marketing of Medicines (hereinafter – "Recommendations").
The team of the intellectual property practice of INTEGRITES prepared a compilation of relevant news in the field of protection of IP rights for the first quarter of 2019.
Pursuant to Article 186 of the EU Solvency II Directive (2009/138/EC), EU member states must grant life insurance policyholders a 14 to 30-day period to cancel their contract from the time when the policyholders were informed that the contract was concluded.
On 1 March 2019, the Agreement on Social Security between Republic of Serbia and Russian Federation entered into force.
On 13 February 2019 the European Parliament and Council agreed on how the EU’s copyright rules should be updated aiming to strengthen the position of the journalists and artists vis-á-vis the large online platforms. According to the agreement, the big online platforms should no longer be able to earn money by using journalists’ and artists’ content without paying them. Crucially, start-ups and smaller online platforms (under 10 million global turnover or not more than 5 million unique monthly visitors) will be subject to less strict obligations than well-known large companies like Facebook or YouTube.
In principle, in the course of the land registry procedure, the position of an entry of record in the land registry, and the order of such records is determined by the filing date of the applications or requests. Under the Hungarian Land Registry Act, the order of the entries may be modified on the basis of an authentic instrument signed by all parties, a private document countersigned by an attorney or bar association legal counsel, or on the basis of a private document where the signatures of the parties are attested by a notary public.
In the absence of an agreement between the EEA and the UK (no-deal Brexit), the UK becomes a „third country” as of 00.00 am CET on 30 March 2019. This means that the organisations should revise those of their processing activities, which imply transfer of personal data to the UK.
With a slight lag of two months, on 11 March, the Polish President signed the bill amending Intellectual Property Law ("IP Law") which is scheduled to enter into force one day following its publication. The broad changes were brought about by the implementation of the EU Trademark Directive 2015/2436 ((EU) Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of Member States regarding trademarks) (the "Directive").
According to the announcement of the state secretary for tax matters issued in February 2019, the Hungarian Ministry of Finance is planning to introduce a new system that prevents multinational companies to avoid tax burdens in Hungary.
The Hungarian Government submitted a bill to the Hungarian Parliament in February 2019. The goal of the new legislation is to amend more than 80 acts in order to comply with the European Union’s General Data Protection Regulation (GDPR). According to experts, these amendments could bring an easier and more uniform application of the data protection laws.
On 13 February 2019 the Court of Justice of the European Union (CJEU) delivered a ruling in a Hungarian case concerning the application of the provisions on VAT. According to the VAT Directive, as a general rule, VAT is be payable by the person carrying out the taxable supply of goods or services. However, in specific cases the Member States may deviate from this provision and provide that the person liable for payment of VAT is the taxable person to whom the supplies are made.
Pursuant to the Turkish Data Protection Law which aims to provide data security, it has set some rights and obligations to specific subjects. Those subjects fall into three categories: data subject, data processor and data controller. Data subject expresses a real person whose data is processed; data controller is defined as the real or legal person that determines the objectives and tools of processing of the personal data, and is responsible for the establishment and management of a data recording system; data processor is defined as the real or legal entity that processes the personal data, with the authority bestowed by the data controller, and in the name of the data controller. Data Protection Law sets forth essential responsibilities for data controllers, as follows:
On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet service provider in Turkey, which is vertically integrated with the incumbent wholesale broadband access provider, Turk Telekom. The decision comprises of TCA’s assessment as to whether TTNET had abused its dominant position, in violation of article 6 of the Law No. 4054 on Protection of Competition (“Competition Law”), via certain types of bundled sales of fixed broadband internet and pay TV services.
In order to create an integrated system for high volume public construction investments, the Hungarian Government has adopted a new legislation. From January 2019, high volume public construction investments reaching the estimated value of HUF 700 million must be executed by a state-owned company, i.e. the Investment Agency.
The concept of garden leave is not a familiar concept to Turkish labor law as the legislation does not regulate this concept explicitly. The employers however in practice might have the need to make use of this concept for various reasons. Below we first introduce the concept of garden leave in general and then examine this concept under Turkish labor law.
After almost two years, the extraordinary administration proceedings over Agrokor and 77 of its Croatian group companies is entering its final stage.