On September 9, 2021, CEE Legal Matters reported that Ibrahimovic & Co had advised Studen & Co Holding on an agreement with the Brcko District's Government to build a free business zone in the district. CEE In-House Matters spoke with Natasa Pucar, Corporate Communication Director at Studen & Co Holding, to learn more about the matter.

On 2 November 2021 the Austrian Financial Market Authority (FMA) published its long-awaited amended Online Identification Regulation (Online-Identifikationsverordnung, "Online-IDV"). The FMA herewith enables financial service providers subject to the KYC obligations of the Financial Market Anti-Money Laundering Law (Finanzmarkt-Geldwäschegesetz; "FM-GwG") to use purely biometrical processes for remote identification of new customers. Biometrical identification processes are all procedures for online customer identification where the entire or parts of the online identification are carried out by an automated electronic procedure without the involvement of employees – there is no need for personal contact in the whole remote identification process anymore.

Gas is of particular economic importance for Austria. In addition to production, infrastructure (including the Baumgarten gas hub), transportation, trade, and supply-secure coverage of gas demand play a major role. Yearly demand of roughly 80 to 90 terawatt-hours, constant over the last ten years, is generated by the manufacturing and energy sectors, non-energy consumption, agriculture, private households, power plants as conversion applications, transport, and the service sector. With a share of about 15%, gas also plays an important role in Austria’s electricity generation, primarily by providing flexible capacities that can be utilized at short notice to stabilize the power grid.

Former Amsterdam-based Park Now Group General Counsel, Chief Risk and Compliance Michael Czermak has joined Casinos Austria Managing Director Legal Affairs in Vienna.

According to a recently published ruling, the German Federal Labour Court says you can. Here is how.

In summer 2021 the European Banking Authority (EBA) published Draft Guidelines on the limited network exemption (LNE) under the Payment Service Directive 2 (PSD2) for consultation. The Draft Guidelines are meant to foster supervisory convergence amongst the EU's national competent regulators (NCAs).

On 2 September 2021, the Court of Justice of the European Union (CJEU) issued the much awaited judgement in the Komstroy vs Moldova case (C-741/19).

The NFT market is still relatively new and volatile, but its potential is huge. Christie's managed to auction an NFT linked to an artwork for over USD 69 million this March, proving that NFTs are a new asset class that can carry significant value. A value, that needs protection just like any other asset class.

The Austrian Cartel and Competition Law Amendment Act 2021 (KaWeRÄG 2021) will introduce – in part substantial – amendments to the Austrian merger control regime as of 1 January 2022. The amendment originated in the context of the implementation of the ECN+ Directive. However, the Austrian legislator seized the opportunity to, among other things, refine the Austrian merger control regime by introducing a second domestic turnover threshold and implementing the SIEC test, as well as to strengthen the FDI screening mechanism.

An unregistered community design is established merely by the disclosure of a design and triggers protection for three years from the date of disclosure. This informal right was created to satisfy the demands of the industry and creatives for a design protection right providing broad-ranging territorial protection and safety for short-lived products without an elaborate and costly registration procedure.

Patents and innovation are closely linked. Patents can boost innovation by granting a legal monopoly over certain technology, and inventors may be willing to invest more time, money and creativity into their inventions if they can do this in anticipation of being rewarded with such monopoly on their invention. Furthermore, patents boost future innovation because the technology protected by a patent will be made publicly available and can be used by everyone once the patent protection term expires. However, patents may even hinder innovation, because technology and its further-development could be blocked by existing patents.

Former Cerha Hempel Senior Partner Edith Hlawati has been appointed as the sole member of the Management Board of Oesterreichische Beteiligungs AG.

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.

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.

The hype surrounding NFTs and crypto assets appears infinite and is raising more and more questions and challenges for the legal profession in Austria and beyond.

To mint NFT art, you need to have enough cryptocurrency in your wallet (and even more to buy it). A successful NFT artist could then also pay his or her studio assistants in cryptocurrency from the proceeds of the sales. Cryptocurrency therefore plays an obvious part in a blockchain-based business. But is this also true from an employment law perspective? Can or should remuneration be paid in a cryptocurrency? Let's take a closer look at this question by examining the interface between the crypto world and the physical world from an Austrian employment law perspective.

In short, an NFT (non-fungible token) is a set of data stored on a blockchain (a digital ledger), that certifies a digital asset as unique and thus non-fungible. Assets can be tangible (real estate) or intangible (IP rights).

YES - In its previous case law, the court has recognised the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech. On these grounds, the European Court of Justice (ECJ) generously allowed the use of links to make third-party content accessible via one's own website.