Draft Regulation of Capital Funds in Slovakia

Euro_coins.Recently, the Ministry of Justice of the Slovak Republic (the “Ministry”) published a draft of amendment to the Slovak Commercial Code (the “Draft Amendment”) for public consultation. The Draft Amendment contains numerous substantial changes which we will discuss in series of separate blog posts. This post will look at the provisions relating to capital funds of companies. Continue Reading

The Digitalization of Slovakia

The Central Government Portal

Email design over blue background, vector illustration.

The creation of the Central Government Portal (CGP) has signaled the beginning of the digitalization of Slovakia. The CGP is an information system designed to provide users with official electronic communication with public authorities and with centralized and unified access to information resources through a single entry point.

Over the course of a few blog postings, we will look at some of the specifics relating to the digitalization of Slovakia. This post looks in more detail at the electronic mailboxes. Continue Reading

Consent for Processing Personal Data under GDPR (Poland)

Check ListWithin the vast range of changes implemented by the General Data Protection Regulation (GDPR), the scope of consent is mentioned as one of the most controversial. GDPR lists several basis for personal data processing, including consent of a data subject or legitimate business purpose of a data controller. Here we present a brief overview of the requirements regarding consent for data processing (excluding the consent of children which will be discussed separately).

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The Roadmap for Deployment of E-mobility Charging Infrastructure in Poland

Charging PumpWhile the Act on Electromobility is still in preparation, the Polish Minister of Energy brings a Policy for the Deployment of Alternative Fuels Infrastructure in its Easter egg basket. The goals for electricity, along with natural gas (CNG, LNG), are set out for 2020 and 2025.

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“Right for Payment Account” as an Instrument to Strengthen Consumers’ Protection

Various_Bank_Notes_1With effect from 1 March 2017, Czech Act No. 284/2009 Coll. on Payment System (the Act) has been amended in accordance with the Directive No. 2014/92/EU on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (the Directive).

One of the purposes of the Directive is to provide consumers with non-discriminatory access to payment accounts in any EU member state. According to European Commission, there are more than 3 million people in the EU to whom opening of the payment account has been denied. Moreover, more than 20 million people in the EU would be interested in opening the payment account but do not even attempt to do so, since they are afraid it would be connected with high costs.

In this article, I will describe one of the most significant innovations introduced by the amended Act: the payment account with basic futures (the Basic Account). Continue Reading

Successful appeal in the Hungarian MIF case, and other important wins for our clients in Hungarian competition cases

The commentators will certainly qualify the following court judgments as landmark rulings since by these judgments the courts shed light on crucial and highly controversial aspects of competition law.

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Preliminary Draft of the New Personal Data Protection Act in Poland

Data ProtectionOn 28 March 2017, the Ministry of Digital Affairs (the “Ministry”) presented a preliminary draft of some of the provisions of the new Personal Data Protection Act. The remaining part of the Act that is not included in the presented project – which concerns regulations on the new data protection authority’s system position, transitional rules, and regulations changing sectoral regulations – is still being prepared.

The project presented by the Ministry aims at implementing the General Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of data (the “GDPR”) in national law. It is worth remembering that the GDPR is, in principle, an effective act of EU law, but in some cases requires national legislative action.

According to the information provided by the Ministry advisor, the Ministry plans to present a final draft of the new Personal Data Protection Act, along with the amendments to the detailed law, in June 2017. The submission of the draft law to the Parliament is planned for autumn 2017, and the completion of its legislative process at the beginning of 2018. The new Data Protection Act should enter into force on May 25, 2018 when the GDPR begins to apply.

Below is an overview of the most important issues with regard to the currently released version of the project. Please note that it is not a final version of the draft so it may be changed.

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Poland: Do Changes in Occupational Health Requirements for Female Workers Concern You?

ProtectiPregnant Business Womanon of female workers continues to be a topical problem, especially in a retail sector where women account for a considerable share of the total workforce. Workers who combine their paid employment with parental functions enjoy a number of entitlements. Most of such entitlements pertain to both employed women and employed men, e.g. parental or child-care leave. Additionally, women are subject to protection against excessively strenuous working conditions throughout their entire working life, which is further strengthened during the period of pregnancy and breastfeeding.

Reduced Protection

The Polish Labour Code was amended in 2016 by replacing the general prohibition of
the employment of women in strenuous and harmful work with the prohibition that is applicable only to expectant and breastfeeding women. Continue Reading

Czech Republic – Insolvency Law Changes

czech-republic-map-300x200An amendment of the Czech Insolvency Act was published in the Collection of Laws on 3 March 2017 and becomes effective on 1 July 2017. It brings important changes for personal bankruptcies, as well as regulation of corporate insolvencies. Two issues that might be of interest to corporations, regulation of forum shopping and prohibition of voting by the group creditors, are discussed in this article on our Insolvency and Restructuring blog.

 

Want to Use Public Funds? You Have to Disclose Who Your Ultimate Beneficial Owner Is

If you are or will be doing business with Slovak state, local government, municipality or a legal entity financed or controlled by the state, or you are receiving EU funds, as of February 1, you must be registered in the new Register of Public Sector Partners (the “Register”) and disclose your ultimate beneficial owners (UBO). The purpose of this new law is to enhance transparency in the use of public funds. This should be achieved by disclosing the ownership structure and ultimate beneficial owner(s). The Register replaced the Register of Beneficial Owners that was established for purpose of public procurements.

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