Thu, Sep
56 New Articles

Social media platforms significantly changed the ways how people express their opinions: sharing views became easier than ever. On the one hand, this is positive, but on the other hand, it is also dangerous in the employment context, as the employee's opinion may be prejudicial to the employer's interests. A recent decision of the Hungarian Supreme Court gives answer to the question whether the employer can dismiss the employee for expressing his opinion on Facebook.

The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“Convention”) entered into force on 1st September 2023 in all EU countries (except Denmark). What impact will the Convention have in relation to the enforcement of third country judgments in Hungary and the enforcement of Hungarian judgments in third countries?

The position and tasks of the employee are one of the key elements of the employment contract and are typically recorded in the job description. It is often a matter of dispute between the parties whether the employer can unilaterally modify the job description at all, and if so, to what extent. In a recent court decision, a Hungarian appellate court addressed the above question in a situation where the employer supplemented the employee's tasks with new tasks similar to his existing tasks. In this article, we analyse the recent decision on this matter.

In business life parties often use promissory notes to secure transactions since these instruments allow creditors to get back their money rapidly and easily. What special regime applies to promissory note litigations in Hungary? This article summarises the Hungarian promissory note litigation regime.

It is not uncommon for an employee to disagree with and criticise his superior. In this case the fundamental right to freedom of expression of the employee competes with his obligation to co-operate with his colleagues. Further, there are cases where the criticism by the employee is not protected by the freedom of expression and may be ground for dismissal, as shown by a fresh decision of the Hungarian Supreme Court analysed in this short article.

With the Schrems II judgment, which invalidated the Privacy Shield, the CJEU (Court of Justice of the European Union) make it more difficult to comply with the GDPR for companies transferring personal data from the EU to the US. However, the new EU-US Data Privacy Framework (or “Framework”) adopted on 10 July aims to put an end to this situation. But how does the Framework make data transfers between the EU and US easier? In this short article, we explain the basics of the new Framework and answer the above question.

Based on the GDPR, data controllers have several obligations, such as maintaining the records of data processing or in case of joint controllers, entering into an agreement which determines their respective responsibilities for compliance with their data protection related obligations. In a recent case, the Court of Justice of the European Unio (‘CJEU’) needed to decide on the issue whether the non-compliance with these obligations constitutes unlawful processing resulting in the duty to erase the personal data of the data subject.

The passing of time makes claims unenforceable in front of courts. While in some countries, a simple notice letter interrupts the limitation period, in Hungary creditors who want to avoid the limitation of their claim must initiate a lawsuit. Is it always enough to start litigation to interrupt the limitation of claims in Hungary? The Hungarian Supreme Court addressed this question in a recent case.

In Hungarian civil and commercial litigations, the second instance court reviews the case in camera, yet either party has the right to request an oral hearing in the appeal procedure. Is the second instance court bound by such a request? Is the failure to hold an oral hearing considered as a serious breach, based on which new procedure shall be conducted? We answer these questions by analysing recent decision of the Hungarian Supreme Court in this article.

Five years ago, probably the most common concern of companies across the European Union was to reach compliance with the General Data Protection Regulation. In the recent years, tempers have calmed down, nevertheless the application of the GDPR raises interesting legal questions from time to time. To celebrate the GDPR’s fifth birthday, we collected five landmark decisions of the Court of Justice of the European Union interpreting the GDPR that made a high impact on data controllers’ lives.

In its recent judgment of 2 March 2023, the CJEU ruled on the concepts of daily and weekly rest period and their relation. The judgment fundamentally contradicts the approach reinforced in the Hungarian Labour Code this year; therefore the legislator has to change the concept of rest periods to comply with the EU Working Time Directive.

(In this article, we analyse the judgment 02/03/2023 - MÁV-START Case C-477/21)

Non-competition agreements are popular for protecting the employer’s economic interest in Hungary. While employers try to secure their businesses as much as possible by stipulating excessive restrictions in the non-compete clauses, it is not always the right tactic, as shown by a recent decision of a Hungarian appellate court. The analysis of this decision provides a perfect opportunity to see how not to fall into the pitfall of an invalid non-competition agreement in Hungary.

 When a plaintiff decides to litigate only part of his claim, the question arises whether the ‘res judicata’ effect of the final judgment precludes a new lawsuit for the unclaimed part of the claim? The Hungarian Supreme Court’s recently issued a uniformity decision on this question. What will be the impact of this ruling? We address the question by analysing the uniformity decision.

Companies who are the victims of trade secret thefts by their employees in Hungary are protected on more levels: in addition to relying on the Business Secret Act, they can invoke the Labour Code, as well.Less clear is to which court should employers turn to in case they decide to sue their former employee and the competitor, employing the latter. Is the commercial court or the labour court the right forum? We analyse the question in the light of a recent judgment of the Hungarian Supreme Court.

Under Hungarian law if someone’s right to the protection of personal data is infringed, the person may be entitled to compensation for non-material damages. But does the unlawful processing of personal data always mean the infringement of the right to the protection of personal data, triggering the right for compensation? A fresh decision of the Hungarian Supreme Court analysed in this article provides answer to these questions.

From 1st July 2023, a new law on the registry of legal persons, including companies and civil law organisations (“Registration Act”) will enter into force in Hungary. What are the key features of the new law? Will it be possible to register a company within 1 hour in Hungary from July 2023? This article highlights the major changes that the Registration Act will introduce.

Do employers have to pay for overtime if it was not expressly ordered by them? Can employers legally exclude in company documents the payment for overtime performed without their consent? In our article we examine these issues based on the case law of Hungarian labour courts.

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SMARTLEGAL Schmidt & Partners at a Glance

SMARTLEGAL Schmidt & Partners is a Hungarian boutique law firm serving international and domestic corporate clients doing business in Hungary.

Besides our strong focus on litigation and arbitration in domestic and cross-border matters, we advise clients in employment law, construction & real property law, corporate law, in M&A transactions, and in IP and IT law.

Our sector knowledge covers the automotive industry, infrastructure and real estate development sector, the logistics & transportation industry, and the technology, media & telecommunications sector.

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