Facial recognition system is considered an artificial intelligence solution empowered by a camera system, which can identify persons viewed based on image data stored in a related data base. Such systems have already been implemented around the globe in many countries and generally faced severe criticism, especially in Western democracies. Naturally, facial recognition systems have the capability of helping to prevent terrorist attacks and similar severe crimes an detect suspects and other persons of interest. In practice, however, such systems often provide inaccurate or biased results.
In recent years, the Hungarian Competition Authority (GVH) has been extremely active in tackling highly interesting and novel issues in the digital world. The GVH commissioned a pioneer study on the importance of data in e-commerce and brought several decisions against major international players such as booking.com (for using so-classed “dark patterns”) or Apple (for using misleading terms and conditions about its Wi-Fi assistant on iPhones) as well as significant CEE players such as eMag (for misleading promotions on its online marketplace) or Alza (for aggressive commercial practices on its online site). Most of the decisions – especially where large fines were involved – have been challenged before courts, with the most recent high-level judgment coming out in the Facebook case. What happened exactly?
Screening of foreign direct investment (FDI) has been present in Hungarian law since 2019 in relation to certain specific investment-related activities. During the COVID-19 pandemic, additional FDI screening legislation was introduced in May 2020. The 2020 regime has had an impact on a significantly wider range of business transactions and, therefore, this summary focuses solely on the 2020 regime (FDI Rules). Given that a real estate asset deal may also fall within the scope of the FDI Rules, assessing the potential application of the FDI Rules has become an important item on the real estate due diligence to-do list. Below you will find a summary of the applicable regime based on our experience to this date.
A sound investment requires an understanding of all the risks involved in the transaction. The main objective of real estate financial due diligence is to thoroughly inspect the fundamentals of the property, financing, seller and compliance obligations to be able to reduce and mitigate financial uncertainties.