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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.

In this article we tackle two major questions for any real estate investor when taking a decision regarding a future real estate project: to what extent is it permitted to erect buildings on land plots designated as green areas upon their acquisition or upon securing those plots for the future project? And what about when a reconversion of such land plots from green areas into other functions, such as commercial, residential, industrial etc., occurred at some point in the past?

The Health Ministry and the Ministry of Internal Affairs have issued Order no. 1204/99/09.07.2021 to supplement Order no. 874/81/2020, which established an obligation to wear a protective mask, epidemiological triage and mandatory hand disinfection to prevent contamination with the SARS-CoV-2 virus during the state of alert (the “Order”) and have published it in the Official Gazette no. 683 dated 9 July 2021.

The VAT legislation applicable to cross-border e-commerce will be modernised at EU level by new EU e-commerce rules with effect from 1 July 2021. The new rules will allow companies selling goods online to fulfil certain VAT obligations at EU level via a digital online portal (the “One-Stop Shop”, OSS), hosted by their own revenue agencies and in their own languages. These rules have been in place for online sellers of e-services since 2015, when the “Mini One-Stop Shop” or MOSS was implemented.

With a view to eliminate barriers to new investments in renewable power generation capacities, the Romanian Energy Regulatory Authority (“ANRE”) has recently amended the Regulation for the connection of the users to the public interest grid (the “Connection Regulation”) for eliminating a highly debated requirement of the grid connection process. The change was made through Order no. 41/2021 for the amendment of the Connection Regulation which was published in the Official Gazette of Romania on June 23, 2021 (the “Order no. 41/2021”).

The Covid-19 pandemic has forced us to adapt to many new things, among them a shift to remote work. Unsurprisingly, remote work or, as Forbes has described it, “a gift born in tragedy”, has proved to be not only possible and efficient, but also attractive, especially for certain industries. In two simple words, remote work has easily become a freelance accelerator. And we believe it is here to stay.

A recent case brought before a court in Amsterdam has given us the opportunity to call into question the right of access to personal data regulated by art. 15 of the General Data Protection Regulation (GDPR) and in particular certain aspects related to the difficulties that may be caused to a data controller, in certain situations, by the data subjects’ exercising this right.

Recently, Law no. 146/2021 regarding electronic surveillance within judicial and executional criminal proceedings (“Law no. 146/2021”) was published in the Official Gazette of Romania, for the first time regulating the use of electronic monitoring devices in Romania.

The rapid development of modern information and communication technologies – a sine qua non condition for the edification of the Information Society - has had a major impact on the social environment, marking true mutations in the operating philosophy of economics, politics, and culture, but also in the daily life of the individual. In fact, at present, the easy access to technology information and communication is one of the conditions for the proper functioning of modern society.

Access, equity, quality, and cost-effectiveness are key issues facing healthcare in both developed and less developed countries. Modern information and communication technologies (ICTs), such as computers, the Internet, and cell phones, are revolutionizing how individuals communicate with each other, seek, and exchange information, and enrich their lives. These technologies have great potential to help address contemporary global health problems.

The development of Romania’s infrastructure must make smart use of the EUR 30 billion anticipated from EU’s Recovery and Resilience Facility, as the expansion and modernization of Romania’s transport infrastructure are of paramount importance not only for the country, but for the entire EU, given Romania’s geo-strategic position at Europe’s maritime borders with Asia.

The COVID-19 crisis continues to plague much of Europe. To get an overview of its effects across CEE – both on investment in the region and on the legal industry itself – we reached out to the members of Pontes the CEE Lawyers legal alliance, a Regional Sponsor at the upcoming Dealer’s Choice International Law Firm Summit.

Last summer, Romania’s Parliament adopted the controversial Law 175/2020 for the amendment and completion of Law 17/2014 on certain measures to regulate the sale of agricultural lands located outside the built-up area and to amend Law 268/2001 on the commercial companies’ privatization that hold in administration lands of public and private property of the State with agricultural destination and the establishment of the State Domains Agency.

As last year’s upheavals continue to influence finance markets in 2021, Erika Papp, CMS’s Head of Finance CEE/CIS, and CMS’s Regional Finance Partners Paul Stallebrass in Prague, Ana Radnev in Bucharest, and Elitsa Ivanova in Sofia offer their perspectives on what this year might hold for financing in CEE.

Romania lies on the historically and geographically significant crossroads between the East and the West and both its roads and its waterways provide important routes for commerce between continents. It is no wonder, then, that the transportation, logistics, and infrastructures sectors in Romania offer high potential for growth and profit. The prospect of harnessing this potential has attracted investors from around the world – and law firms positioned to help them succeed. Danilescu Hulub & Partners, founded by Partners Lucian Danilescu and Andreea Hulub in April, 2020, is one such firm.

On December 15, 2020 CEELM gathered legal experts from across the region for its annual Year-in-Review Round Table conversation. In a wide-ranging discussion, participants shared opinions and perspectives on their markets, on strong (and less-strong) practices across the region, and the effect of the COVID-19 crisis on both, as well as on how technology is changing the legal industry, and what the industry will look like in 2021.

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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