The Transfer of Undertakings (Protection of Employment) Regulations (TUPE Regulations) were incorporated in their current form into the laws of the European Union (EU) with Directive 2001/23/EC of March 12, 2001 (TUPE Directive), with Croatia ensuring its transposition in its legal system via the Labor Act (albeit with a few missed opportunities). Although TUPE Regulations are relatively simple to comprehend, with the main goal being the protection of employee rights in the event of a transfer of an undertaking, business, or part of an undertaking or business as a result of a legal transfer or merger, their application in practice raises many questions to which statutory provisions of Croatian law do not provide an answer.

Over the summer, numerous major employers in Lithuania had either terminated or tightened their hybrid work policies, mandating employees to be present in the office for at least three days per week. This shift is in line with global trends, particularly among technology companies, which have largely abandoned remote work arrangements. Since the pandemic ended, many companies have gradually moved their workforce back to the office, citing decreased productivity and employee engagement as primary reasons for this shift.

The question of who owns intellectual property (IP) rights in the workplace has gained significant relevance, especially given that employees are involved in extensive creative activity nowadays. The Moldovan legal framework has well-defined rules on this subject, providing insight into the important question: who holds the rights over the creations, inventions, industrial designs, and utility models created by employees?

Recent rulings of the Slovenian Supreme Court on the permissibility of including contractual penalties in employment contracts highlight that when assessing the permissibility of applying the concept of a contractual penalty, one must consider the subordinate and dependent position of the employee relative to the employer both when concluding the employment contract and during the employment relationship.

Private employment agencies in North Macedonia emerged relatively recently, beginning in 2006. These agencies play a key role in two primary areas: facilitating temporary employment in the labor market and acting as intermediaries in the hiring process. By connecting employers seeking workers with job seekers, these agencies help streamline employment coordination, leading to a more efficient labor market.

The COVID-19 pandemic accelerated the shift toward remote work globally, including in Kosovo. While this new way of working offers flexibility and convenience, it also exposes gaps in labor regulations. Kosovo’s Labor Law, like many others, was primarily designed for traditional in-office work environments and has yet to fully adapt to the nuances of remote work. Remote work context has brought to attention legal gaps in areas such as work hours, digital privacy, employer responsibilities, and employee rights.

With the Cybersecurity Act entering into force in February 2024, Croatia was, unexpectedly, one of the first EU member states to implement NIS2, and it seems this happened just in time. Throughout this year as well as in 2023, government and financial institutions, companies, and even airports and hospitals were targets of multiple cyberattacks. Unsurprisingly, these resulted not only in temporary loss of availability of crucial services but also in loss of data – at times even life-and-death patient data.

Six years after the introduction of the GDPR, many businesses still treat it as if it were a “new law,” a regulation to be addressed later, rather than a priority today. It took years for the GDPR and data protection in general to even make their way onto Q&A lists in legal due diligence, competing alongside other established legal risks when analyzing target companies.

Energy law in Croatia is governed by a series of laws and regulations designed to ensure energy security, promote renewable sources, and support environmental protection. The key legal framework in the energy sector in Croatia includes the Energy Act (Zakon o energiji, Official Gazette no. 120/12, 14/14, 95/15, 102/15, 68/18) and the related Energy Development Strategy of the Republic of Croatia until 2030, with a view to 2050, adopted on February 28, 2020. The Energy Act, which has seen a few amendments since its adoption, is still slowly trying to meet the challenging EU requirements in terms of the green transition, which emphasize renewable energy integration, energy efficiency, and environmental responsibility.

The Croatian M&A market in 2024 is experiencing significant changes, largely driven by two key factors: the rise of sustainability and ESG considerations alongside a notable surge in energy-sector transactions. These trends reflect both global movements and Croatia’s commitment to the EU’s broader climate goals.

Currently, the Croatian AML Act (Official Gazette no. 108/2007, 39/2019, 151/2022) uses the term “virtual assets,” while the Markets in Crypto-Assets Regulation (MiCA) (EU Regulation 2023/1114), along with subsequent Implementing Act for MiCA (Official Gazette no. 85/2024) adopted by Croatian Parliament in July 2024), uses the term “crypto-assets.” Clearly governing the same, the terms used are similar, but slight nuances persist in definitions. Yet, inconsistency of legal terms should be avoided to prevent misinterpretation and confusion in legal applications.

Even though renewables have been very popular in Croatia for quite some time, the good old hydrocarbons are once again creating a significant buzz.

Historically, Poland’s Renewable Energy Sources (RES) sector has relied heavily on long-term project finance, with loan tenors of 15-18 years from project completion. In the current local financial landscape, high interest rates persist with WIBOR remaining elevated despite attempts at correction, and the cost of long-term interest rate swaps continuing to soar.

For years, Poland has held the unenviable position of leading the race in delays when implementing various EU laws, especially in the digital sector. This has resulted, and continues to result, in multimillion-euro fines that Poland is compelled to pay to the EU.

Employers often find themselves contemplating whether they should disclose the reasons for an employee’s termination to the entire workforce. While the motivations behind this consideration can be well-intentioned – such as educating remaining employees about unacceptable behaviors, promoting transparency, and preventing the spread of misinformation, there are legal implications to take into account.

In The Debrief, our Practice Leaders across CEE share updates on recent and upcoming legislation, consider the impact of recent court decisions, showcase landmark projects, and keep our readers apprised of the latest developments impacting their respective practice areas.

It is without a doubt that, like the economy in general, the legal market was also affected in recent years. Though the economy has been turbulent for a longer period than during the crisis that started in 2008, this time, the number of large disputes has remained constant. Despite the growing legal costs, high-value disputes rarely dropped due to costs. Smaller law firms, however, seem to have more problems when navigating in this economy – there are cases of closing businesses or consolidating to survive. 

Labor shortages have emerged as a pressing issue across CEE, prompting diverse responses from governments, businesses, and the public as they navigate the challenges of workforce gaps and economic sustainability.