With the implementation deadline for the EU Directive on the protection of persons who report breaches of Union law (17 December 2021) approaching, here is a summary of the current state of the respective national measures in the Czech Republic and Slovakia and an introduction to our own whistleblowing solution: FairWhistle.
Edit Rosta Joins SAP as Senior Legal Counsel in the Czech Republic
Former 3M General Counsel Edit Rosta has joined SAP in Prague as a Senior Legal Counsel.
Privacy Trends in the Czech Republic
Privacy pros are now celebrating the three-year anniversary of the GDPR, even as we are living through the current pandemic. It is, in fact, almost impossible to talk about privacy trends without touching on the COVID-19 crisis.
Financial Restructuring and Consolidation in the Hotel Sector in CEE
Few global industries have been as strongly affected by the COVID-19 pandemic as the hotel industry. All over the world, chains and bespoke hoteliers have had to face the impact of travel restrictions on bookings, in most cases leading to dire falls in occupancy rates and, subsequently, income. Now that the pandemic has been wreaking havoc for over a year, how is the hotel industry in CEE coping, and what options do hoteliers have? We spoke with three CMS Partners – Ana Radnev, Gregor Famira, and Lukas Hejduk – to get their opinions on the current situation and outlook on the future of the sector.
Long-awaited Bill on Preventive Restructurings Finally Released. What Changes Will It Bring to Czech Insolvency Law?
The Czech Ministry of Justice recently published a bill on preventive restructurings (the "Bill") implementing the directive on preventive restructuring frameworks which will introduce a brand-new legal tool preventing the insolvency of viable enterprises in temporary financial difficulties.
The Buzz in the Czech Republic: An Interview with Barbara Kusak of Noerr
According to Barbara Kusak, Partner at Noerr in Prague, the Czech Republic is currently preparing for its upcoming general elections. She also notes that the Czech economy shows no signs of contraction, despite the country’s abysmal COVID-19 infection rates, and that the infrastructure, IT, and e-commerce sectors are on the rise.
Deal Expanded: Interview with CMS on 2020 DOTY for the Czech Republic
CMS’s Lukas Janicek and Robert Gray Talk About The Deal of the Year in The Czech Republic.
A New Layer of Protection for Consumers?
Once the amendment to the Czech Consumer Protection Act becomes effective, consumer protection rules shall have to start being reflected in the digital world. If the amending legislation is passed in its current draft form, consumer protection rules shall also apply to the offering and provision of digital content and services, even if the consumers "pays" for them with their personal data. Violations of the new obligations shall be punishable by a fine of up to CZK 50.000.000 or 4% of the trader’s annual turnover. The amendment implements the requirements set by EU law.
Czech Republic: Data Privacy in Clinical Trials
The COVID-19 pandemic has accelerated the digital evolution of clinical trials. Introducing new technologies and ways of working with clinical data, improving clinical data access, review, and monitoring processes, and making better use of the data for further scientific research are trends that are here to stay. Side by side with these developments come legal questions about personal data protection. The aim of this article is to shed light on the core legal issue in data processing within clinical trials: its legal basis.
The Corner Office: Childhood Dreams
In “The Corner Office” we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. The question this time: “What did you most want to be when you were little?”
ICC International Court of Arbitration Appoints Malgorzata Surdek-Janicka as Vice-President
CMS' Malgorzata Surdek-Janicka has been appointed as Vice-President of the International Court of Arbitration at the International Chamber of Commerce in Paris. Aside from Surdek-Janicka, 33 lawyers from CEE were appointed as members and alternate members of the court.
A Change in the Interpretation of Manifest Disruption of Public Order in the Conception of Absolute Invalidity of a Legal Act
On the 10th of June 2020, the Grand Chamber of the Supreme Court of the Czech Republic passed a judgment in case Ref. No. 31 ICdo 36/2020, which dealt with the validity of a contract concluded between the sole proprietor of a company and the same company represented by its sole proprietor. In this case, the Supreme Court deviated from its past decisions on the issue of interpretation of the notion of manifest disruption of public order. Whereas the Supreme Court had previously interpreted the word “manifest” as expressing the degree of intensity of public disturbance, the current decision accepted that a manifest disruption of public order could be interpreted as an undoubted or unambiguous disruption of public order, without regard to the intensity of the disruption.
Clinical Trials as of 31 January 2022 under New “EU” Regime
On 31 January 2022, the “new” Regulation (EU) No. 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use and repealing Directive 2001/20/EC (the “Regulation“) will enter into force. After several delays (the launch was originally planned for 2015), the European Medicines Agency (the “EMA”) has confirmed to the Commission that the EU portal and the EU database, which were a prerequisite for the launch, are now fully functioning. At the same time, the EMA confirmed that the EU portal and database will be put into operation on 31 January 2022. As of this date, the Regulation will become fully applicable in all EU Member States.
Remote Work from Abroad – Do You Know What Risks the Employer May Face?
Do your employees ask for the possibility of working regularly from home? What happens if home is abroad? Remote work from abroad brings risks for any company, and each company should evaluate these risks and consider them when setting up a remote work policy for its employees.
Stricter Liability of Statutory Body Members (and Others) in Case of Company Insolvency
The amendment to the Business Corporations Act effective from 1 January of this year (the "Amendment") brings, among other things, a significant change in the liability of members of a statutory body, which will affect the current topic of insolvency.
The Czech Republic’s Office for the Protection of Competition Will Intensify Its Focus on the Pharmaceutical Sector
According to its recently published annual report, the Office for the Protection of Competition of the Czech Republic (the "Office") plans a thorough investigation of the pharmaceutical sector, in terms of compliance with both competition and public procurement rules.
Current View of Public Prosecutor’s Office on Proving Legal Entities’ Exculpation
Since the introduction of the institution of legal entities’ exemption from criminal liability in 2016, there has been discussion on the distribution of the burden of proof in proving the conditions for its application in criminal proceedings. Meanwhile, the prosecution’s view has been gradually changing.
Foreign Direct Investment in Central Europe: Czech Republic
The global pandemic has impacted all markets, with subsequent ramifications for M&A. Investors are now seeking greater protection against general lock-downs and supply-chain disruptions, while governments aim to protect critical supplies and services by imposing new regulations on foreign investment in crucial or strategic industries.