The European Court of Justice ("ECJ"), in its judgment of 9 February 2023 in Case C-453/21, considered the interpretation of the dismissability of a Data Protection Officer and the performance by the DPO of other duties that may give rise to a conflict of interest. The ECJ ruled that an appointed DPO cannot hold a position within the organisation that would result in him or her determining the purposes and methods of processing personal data. The decision has significant implications for organisations wishing to entrust their DPO with additional tasks that may conflict with the DPO's duties.
LKT Advises ConvergenCE on Lease Agreement with Trax
Lakatos Koves & Partners has advised ConvergenCE on leasing over 1,000 square meters in the Kalvin Square Office Building to Singapore's Trax. Colaw Kolcsey-Rieden and Partner reportedly advised Trax.
Using Social Media Content in Advertising – A Legal Overview
The use of social media content – particularly posts and comments – in advertising has become a prevalent practice in recent years. However, it is crucial for businesses and advertisers to be aware of the potential legal implications associated with such use. Besides copyright and advertising law considerations, it has also become essential to understand the relevant provisions of data protection law when contemplating the usage of social media content in advertising.
LKT Advises Nippon Paper on HUF 15 Billion Investment in CMC Plant in Hungary
Lakatos Koves & Partners has advised Tokyo Stock Exchange-listed Nippon Paper Industries on a HUF 15 billion green field investment in Hungary including the acquisition and development of an industrial site and the construction of a plant in Vacratot, on the outskirts of Budapest.
Increasingly Contentious Hungary: A Buzz Interview with Richard Schmidt of Smartlegal Schmidt & Partners
A growing number of employment and consumer protection-related disputes are on the horizon in Hungary, while revised arbitration rules promise swift and more efficient alternative dispute resolution mechanisms, according to Smartlegal Schmidt & Partners Managing Partner Richard Schmidt.
Hungary: The Concept of Golden Shares and its Historical Roots in Hungarian Law
The entire concept of golden shares can be explained in one sentence: golden shares make the adoption of certain corporate measures as well as decisions on amending certain provisions of the articles of association of a company dependent on the “yes” vote of the holder(s) of the golden shares.
High-potential EU Tools for a Green Future
It’s time to use the RRF for the promotion of energy storage in the CEE region.
Hungary: New Trends in Investigations and Case Law on Medicinal Product Promotion
A new trend is emerging in the National Institute of Pharmacy and Nutrition’s (OGYEI) recent case law on medicinal product promotion in Hungary. The OGYEI is more active, imposes higher fines, and its investigations extend to longer time periods and to a variety of promotional practices of pharma companies, instead of focusing on specific infringements as before. In numbers, the OGYEI published two to three times as many decisions annually in the past two years than before. Further, the imposed fines regularly exceed USD 75,000 and, in 2022, the OGYEI imposed its highest fine (approximately USD 100,000) in the last ten years.
Telekom’s Legal Service Evolution: The Squad and the Magic Book
On November 9, 2022, Magyar Telekom’s Legal Service Evolution Squad unveiled its largest service development project yet – the Legal Magic Book – during the company’s annual Love Your Lawyer Day event. We sat down with Magyar Telekom Group Legal Director Daniel Szeszler and Legal Service Evolution Squad Product Owner Botond Ungvary to learn more about the book and the team behind it.
The New EU-wide Cyber Law, Directive 2022/2555 (‘NIS2 Directive’), Entered into Force on Monday, January 16, 2023.
The new NIS2 Directive will replace the current NIS Directive on security of network and information systems.
Facelift or More? Revised Hungarian Arbitration Rules From 2023
The most prestigious Hungarian permanent arbitration body, the Court of Arbitration attached to the Hungarian Chamber of Commerce and Industry (HCAC) revised its rules of proceedings with effect from 2023. Will the revised rules increase the speed and efficiency of arbitral proceedings in front of the HCAC, or it is just a facelift of the former regime?
Hungarian Privacy Watchdog Fines Over Cookies and Declares IAB Europe TCF Illegal
The Hungarian Data Protection and Freedom of Information Authority (NAIH) recently fined a market-leading Hungarian media service provider HUF 10 million (approx. €25,000) for failing to comply with the data processing principles of lawfulness, fairness and transparency in its cookie management solution based on the Interactive Advertising Bureau (IAB) Europe's Transparency and Consent (TCF) Framework. This is the first time that the Hungarian authority has imposed a fine for cookie management issues and made it public.
Schoenherr Appoints Four New Partners and Five Local Partners Across CEE
Klara Kiehl, Clemens Rainer, Sascha Schulz, and Marco Thorbauer have been appointed as Schoenherr Partners in Austria, while Serbia's Jelena Arsic, Jovan Barovic, and Dusan Obradovic, Bulgaria's Tsvetan Krumov, and Hungary's Laszlo Krupl have all been appointed as Local Partners with the firm.
End of UBO Publicity in Hungary?
Since 2020, EU Member States have been obliged to make specific information on ultimate beneficial owners (“UBOs”) of corporate and other legal entities available to the general public. However, in light of the recent judgment of the Court of Justice of European Union (“CJEU”), this obligation will not remain in effect and thus, changes to the accessibility of the Hungarian UBO register are to be expected.
Hot Practice in Hungary: Zoltan Forgo on Forgo, Damjanovic & Partners’ M&A Practice
A most vibrant year for the M&A department of Forgo, Damjanovic & Partners was primarily driven by the healthcare, insurance, and energy sectors, according to Managing Partner Zoltan Forgo.
Kapolyi and Lendvai Advise on AutoWallis Acquisition of Nelson
Kapolyi has advised AutoWallis on its acquisition of Hungarian fleet management company Nelson. Lendvai and Partners advised Nelson and its shareholders.
Court of Justice Decision on Liability of Member States for Damages Caused by Air Pollution
In a recent case (C-61/21), contrary to settled case-law, the Court of Justice of the European Union did not oblige a Member State to pay compensation. Article 13 of the 2008/50/EC Directive on ambient air quality and cleaner air for Europe obliges Member States to ensure that ambient air levels of NO2 and PM10 do not exceed EU-wide limit values. A resident in the Paris region considered that the French State had failed to ensure this and by this he has suffered damage to his health since 2003, caused by the deterioration of the ambient air quality in the Paris agglomeration. For these damages, he has claimed a total of EUR 21 million from the French State as compensation.
Gabor Kukovecz Joins Phoenix Hungary as Group Legal Director
Former Diageo Head of Legal & Operations and DPO Gabor Kukovecz has joined the Phoenix Group in Hungary as the Group Legal Director.