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Read through our technology & digitalisation articles, publications and news!
13 January 2021
T.Kulnigg E.Bajáková J.Böszörményi C.Haid G.Leissler M.Nutz D.Rutecka F.Schneider M.Trautinger D.Tyrybon V.Wolfbauer
to the point: technology & digitalisation | January 2021
Cyber security: the last days for operators of essential services in Romania to notify CERT-RO
Operators of essential services are required to notify CERT-RO - the national competent authority for security of networks and information systems - for registration in the Register of operators of essential services by 17 December 2020. Otherwise, these companies risk fines of, in some cases; up to 5 % of their turnover.
10 December 2020
T.Kulnigg F.Urlesberger C.Haid M.Woller J.Stalzer J.Frank M.Stimakovits P.Kułak
Austria: Schoenherr advises voestalpine on foundation of technology joint venture for production of TransAnt
Schoenherr successfully advised voestalpine Stahl GmbH on the establishment of a joint venture with the ÖBB Rail Cargo Group for the production of the TransAnt – an innovative platform car. The 50/50 joint venture which aims to further combine the activities of both companies to additionally enhance the jointly developed TransAnt platform car is now entering a preparatory phase.
OGH - Aufgriffsrechte in der Insolvenz sind zulässig
Hintergrund: In der Praxis vereinbaren Gesellschafter einer Gesellschaft mit beschränkter Haftung (GmbH) im Gesellschaftsvertrag häufig sog. Aufgriffsrechte, das sind im Wesentlichen wechselseitige Erwerbsrechte, die bei Eintritt von definierten Ereignissen (sog. "Aufgriffsfälle") zum Erwerb des Geschäftsanteils des vom relevanten Ereignis betroffenen Gesellschafters berechtigen. Ein Aufgriffsfall ist zB der Tod eines Gesellschafters, der eine natürliche Person ist.
Austria: Schoenherr advises sell-side in LINK Mobility's acquisition of WebSMS
Schoenherr advised the owners of the Austrian CPaaS ("Communication Platform as a service") companies atms, sms.at and their WebSMS brands (referred to as "WebSMS") on selling WebSMS to Norwegian LINK Mobility Holding ASA.
Ein Do-it-yourself-Weg zur Legal-Tech-Lösung
Für maßgeschneiderte Lösungen kann dennoch manchmal die Eigenentwicklung einer Legal-Tech-Plattform der richtige Weg zum Ziel sein. Die Erfahrung einer Großkanzlei
30 October 2020
to the point: technology & digitalisation | October 2020
Welcome to the October edition of Schoenherr's to the point: technology & digitalisation newsletter!
We are excited to present a selection of legal developments in the area of technology & digitalisation in the wider CEE region.
Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2021 - Chapter Montenegro
Czech Republic: Schoenherr advises Celonis SE on acquisition of Integromat group
Schoenherr advised Celonis SE ("Celonis"), a global leader in process mining software, on the acquisition of Czech Integromat, s.r.o. and its subsidiaries, one of the most progressive providers of automation software. The acquisition allows Celonis to achieve full synergy in the provision of process mining services offering professional automation solutions.
Austria: FMA publishes guidance on ICOs and token classification
The Austrian Financial Market Authority (Finanzmarktaufsicht, FMA) has recently published guidelines on how it views Initial Coin Offerings (ICOs) from a financial services regulatory perspective.
Czech Republic: Schoenherr advises KB SmartSolutions, a.s. on the strategic entry and acquisition of a stake in Platební instituce Roger a.s.
Schoenherr advised KB SmartSolutions, s.r.o. ("KB Smart Solutions"), a subsidiary of Komerční banka, a.s. focusing on collaborating with innovative fintech companies and start-ups, on the strategic entry and acquisition of an almost 25 % share in Platební instituce Roger a.s., which connects investors with companies that suffer from long invoice maturities.
Another promotion at Schoenherr: Matthias Pressler becomes Counsel
Matthias Pressler, member of Schoenherr's banking, finance and capital markets practice in Vienna, was promoted to counsel as of 1 October 2020. Pressler joined Schoenherr in 2015, and is an expert in financial services regulation, covering both transactional work as well as contentious and non-contentious regulatory advisory matters and administrative (criminal) proceedings.
30 September 2020
M.Nutz D.Tyrybon T.Kulnigg V.Wolfbauer M.Trautinger C.Benes S.Khalil
to the point: technology & digitalisation l September 2020
Austria: Schoenherr advises Bitpanda on its USD 52 million Series A financing round
Schoenherr advised Austrian fintech Bitpanda, on the largest European Series A financing round in 2020 led by Valar Ventures, and including other fintech investors such as Speedinvest. The funding secures USD 52 million to further drive Bitpanda's expansion.
Disclosure obligations and liability of UUC platforms in focus
It was in the very first Technology newsletter in fall 2019 that I reported about referrals to the CJEU concerning disclosure obligations and liability of user uploaded content (UUC) platform providers in relation to illegal (copyright infringing) uploads.
Starry, starry night – don't go astray!
The starry night sky has been a constant companion of humankind. Although we have no evidence, there can hardly be any doubt that even our earliest ancestors millions of years ago were fascinated by its beauty and vastness.
31 August 2020
D.Hofmarcher M.Nutz V.Wolfbauer T.Kulnigg C.Haid S.Khalil D.Rutecka M.Trautinger
to the point: technology & digitalisation l August 2020
Mandatory e-communication for companies seated in Croatia
The digitalisation of the Croatian court system is proceeding and e-communication is expanding. Snail mail and "paper" communication are on the verge of extinction. As of 1 September 2020, all legal entities will have to use e-communication with the court.
Bulgaria: Schoenherr advises United Group on EUR 1.2 bln acquisition of Vivacom
Schoenherr has closed United Group's EUR 1.2 bln acquisition of Vivacom (Bulgarian Telecommunications Company EAD), the largest telecoms operator in Bulgaria. Signed in November 2019, this was the largest deal in Bulgaria in 2019 both in terms of value and size of the assets.
European Court of Justice invalidates "Privacy Shield" but affirms Standard Contractual Clauses
Decision of the CJEU dated 16 July 2020, Rs C 311/18
WIPO PROOF: Launch of new online service to create trusted tamper-proof evidence through timestamps
Companies spend a lot of time and money creating, innovating and protecting their intellectual property. When the protection fails due to unavailable or insufficient evidence, the frustration is understandably high.
30 June 2020
czech republic slovakia slovenia austria
M.Woller M.Hornyik D.Rutecka V.Wolfbauer M.Trautinger T.Kulnigg M.Nutz G.Leissler E.Bajáková
to the point: technology & digitalisation l June 2020
Welcome to the June edition of Schoenherr's to the point: technology & digitalisation newsletter!
Hungary: Data protection authority imposes highest post-GDPR fine
The Hungarian National Authority for Data Protection and Freedom of Information (the "Authority" or "NAIH") recently imposed a fine of HUF 100m (approx. EUR 285,000) on one of the biggest electronic communication service providers Digi Távközlési Szolgáltató Kft. ("Digi").
Czech Republic: Crowdfunding can help businesses overcome COVID-19
The COVID-19 pandemic has affected almost all businesses worldwide and could end in collapse for many of them. One way businesses (especially SMEs) can get through this period and stand on their own two feet again is crowdfunding.
Global Legal Insight: Al, Machine Learning & Big Data 2020
The Global Legal Insights series provides essential insights into the current legal issues, providing readers with expert analysis of legal, economic and policy developments through the eyes of the world's leaders.
Czech Republic: Top ten most common mistakes in terms & conditions for e-shops (not only) in the time of coronavirus
Bulgaria: Lawyer Kristina Chakarova for the monitoring of mobile devices and the European experience
Under the state of emergency, a number of measures restricting personal freedoms were introduced. Among the controversial proposals was mobile device monitoring during the COVID pandemic.
One step towards virtual dispute resolution: hearings via videoconference
Court hearings via videoconference were unimaginable in Austrian courts pre-COVID-19. Witnesses could testify via videoconference in Austrian court proceedings only under certain circumstances, but they still had to attend court – just not the court in which the proceedings were pending.
Das COVID-19-GesG – aktuelles zu Virtuellen Versammlungen im Gesellschaftsrecht und zu elektronischen Notariatsakten
Der Nationalrat hat unter anderem im Zuge der COVID-19-Gesetzgebung mehrere gesellschaftsrechtliche Maßnahmen im Rahmen eines sog. gesellschaftsrechtlichen COVID-19-Gesetzes (COVID-19-GesG) beschlossen.
31 March 2020
austria vienna czech republic poland slovenia
S.Bednář T.Kulnigg M.Trautinger V.Wolfbauer M.Nutz P.Ocko M.Lindtner S.Khalil A.Lengger D.Rutecka
to the point: technology & digitalisation l March 2020
Welcome to our March edition of Schoenherr's to the point: technology & digitalisation newsletter!
We help Start-Ups!
In an attempt to help start-ups during the current corona situation obtaining the much needed financial liquidity support from their shareholders or other investors, we put together a short and simple forward equity agreement, the "Simple Equity Investment Contract (SEIC)".
Croatia stepped into the regulation of virtual currency business
Croatia stepped into the regulation of virtual currency business
Legal basis
The new Croatian Anti-Money Laundering Act (OG no. 39/2019; "Cro-AMLA") implemented the 5th EU Anti-Money Laundering Directive. As of 1. January 2020 Cor-AMLA sets forth the new requirements to service providers with respect to virtual currencies.
Court hearing via social network – has Europe missed its chance?
Digitalisation is on everyone's lips. Parts of the judiciary – at least in some European countries – are hesitant. Austria introduced an electronic legal communication system for most Austrian courts decades ago.
The Police, Drones, and the Corona Pandemic – Reflections on Austria
The Corona pandemic is putting our world to an unexpected stress test. But despite all difficulties, in only a couple of weeks, people dramatically changed the way they work, shop, seek health care, and interact with each other.
Cyberattacks in the coronavirus crisis: A guide to decreasing risk
It's hard to believe, but some cybercriminals are trying to take advantage of the coronavirus crisis.
26 February 2020
czech republic poland romania austria
T.Kulnigg M.Trautinger A.Lopatka D.Rutecka M.Nutz U.Rath V.Săndulescu C.Benes E.Bajáková S.Aydin P.Ocko V.Wolfbauer
to the point: technology & digitalisation l February 2020
Welcome to our February edition of Schoenherr's to the point: technology & digitalisation newsletter!
Digital Signatures
More and more companies are using digital signatures to sign their contracts electronically. But is this permissible and are the contracts valid?
Freedom of contract (Vertragsfreiheit) is an underlying principle of Austrian contract law. A contract is defined as consenting declarations of an offer and an acceptance and, in general, neither offer nor acceptance requires a specific form under Austrian law. Moreover, oral agreements are legally binding and enforceable. Contracting parties are therefore free to choose any suitable form for a contract according to Section 883 of the Austrian civil law (Allgemein Bürgerliches Gesetzbuch, "ABGB"), including tools to sign contracts electronically. This possibility to choose is called freedom of form (Formfreiheit), which is part of the mentioned freedom of contract ("Vertragsfreiheit").
The flying Fiaker: A case study
The Fiaker, a Viennese term for a horse-drawn four-wheeled carriage for hire (a "hackney coach"), has been trundling through the streets of Vienna for centuries. The first Fiaker was licensed in 1693. Back then, it was the first means of urban transportation to carry several passengers at once. Today, it is a tourist attraction and traffic obstruction. Nonetheless, the Fiaker survived and adapted. Just recently, the first electronic Fiaker hit the road in Vienna.1
It is heralded that the future of urban transportation lies in the third dimension: up! Soon drones will usher in a new era of urban aerial mobility. With the U-Space initiative, the European Commission established a process to develop a new regulatory framework that would enable complex (civil)2 drone operations in all types of operational environments within the single European Sky airspace.3 This new EU framework must be widely implemented by EU Member States starting from 1 July 2020 and is fully applicable to all civil drone operations as of 1 July 2022.
Czech data protection authority: Can the employer enter into its employee's e-mailbox?
In January 2020, the Czech data protection authority (ÚOOÚ) published on its website an anonymised inspection protocol, which contains valuable information on how the authority assess checking and reading employee emails after the GDPR came into effect.
In the case in question, the authority received a complaint which reads that "… after an employee leaves, his e-mailbox, which contains both working and private data, is handed over to such employee’s supervisor, who has a full access to the e-mailbox, administers it and uses it…". The authority initiated an investigation in which it expressed (and protocoled) its opinions on accessing employee mailboxes.
Romanian fintech start-ups combine powers and create the first Romanian fintech association
For the last couple of years, the fintech industry has become of great interest in the Romanian entrepreneurial scene. Numerous Romanian start-ups or long-existing financial and IT companies have switched focus on what fintech means and on what it can bring to the table.
Vienna "Culture Tokens"
The most liveable city in 20191, Vienna provides incentives for more environmentally friendly mobility by using a motion-tracking and blockchain technology2 based app. The culture-tokens can be traded in for culture services (i.e. free entrance into certain cultural institutions). The pilot project so far includes four cultural institutions in Vienna and will be rolled out for a six-month test period beginning on 26 February 2020. It is planned for the app to go into full operation this autumn.
31 January 2020
D.Hofmarcher A.Pabst T.Kulnigg M.Nutz V.Wolfbauer M.Trautinger S.Bednář E.Bajáková S.Khalil S.Aydin
to the point: technology & digitalisation l January 2020
Welcome to our third edition of Schoenherr's to the point: technology & digitalisation newsletter!
Telemedicine on the rise in Austria?
Seven out of the 328 pages of the new green/conservative government's programme are dedicated to the health sector. One bullet point on this programme for the next five years is to implement telemedicine treatment in the best possible way. The government further explains that it aims to promote digitalisation in diagnosis, treatment and medical research and thus strengthen Austria as a health hub.
Dashcams: Panta rhei in the data protection world?
At present it seems nothing about the GDPR is fixed or settled. This was recently illustrated by an update to the Austrian Data Protection Authority's (DPA) online information on dashcams. While dashcams are rumoured to be inadmissible in Austria, the DPA's update may revive this discussion.
Exchanging views on current trends in Legal Tech and financing transactions
Legal Tech is currently on everyone's mind and has also become a central topic in the context of financing transactions. While marketable applications for buzzwords such as "automated document generation" or "artificial intelligence" are often still in their infancy in the field of legal transactional advice, such applications can already make a significant contribution to the success of a transaction in the field of efficient process management, e.g. in connection with the satisfaction of conditions precedents under loan agreements.
Electromobility on the rise
As part of the EU's efforts to achieve carbon neutrality, Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 (effective from January 2020) laying down CO2 emission performance standards for new automobiles and new light commercial vehicles (the "Regulation") was issued. Under the Regulation, individual manufacturers (or associations of manufacturers under Article 6 of the Regulation) will be obliged, inter alia, to reduce emissions from new automobiles by 37.5 % by 2030 (compared to the 2021 target of 95 g CO2/km).
Together on the blockchain: Finding consensus in a decentralised network
An essential element of the blockchain and the technology behind it is the validation of transactions, i.e. confirmation that data in the blockchain ledger is entered rightfully1. But how, exactly, can data entered in a decentralised ledger be validated? Who does the validating? These questions arise once you look deeper into the workings and structure of transactions on the blockchain.
What is AI and why should lawyers care?
Artificial intelligence (AI) and machine learning are familiar buzzwords when it comes to future technology and fundamental societal shifts. But what is it really all about and why is it so difficult to apply common legal concepts to these developments?
A new reality for ridesharing apps in Poland
The battle between traditional taxi drivers as well as their supporters and those advocating a more digitalised approach focused on ridesharing applications such as Uber, Lyft or Bolt began a few years ago and is being waged in almost every country. In Poland, Uber started back in 2014 as the first mobile taxi application on the Polish market. Taxi drivers began protesting the app almost immediately after it became clear that consumers preferred Uber's efficiency and prices to those of traditional taxis. Criticism from traditional taxi drivers about the safety of Uber and the qualifications of its drivers led to the need for legal changes. A first draft amendment of the Polish Act on Road Transport was submitted to the Council of Ministers in July 2017 (the "Amendment").
Romania: How to start-up an army of cyber guardians
This year, Romania's first tech unicorn reached a USD 7bln valuation. This has stirred things up, expanding the horizons for many Romanian entrepreneurs. While still far from being a major start-up ecosystem, the country is showing its potential, mostly due to high-quality tech talent available at still manageable costs.
Article 15(3) of GDPR and right to access files or documents – an Austrian perspective
Austria: Lawyer vs. Robot: Is there a future without human lawyers?
On 10 December, experts from both legal practice and academia spent the evening at the "Lawyer vs. Robot: A lost cause?" event which is part of the event series TECHNOLOGYLEGAL, a collaboration between Professor Christian Piska from the University of Vienna, and Christian Schmelz, partner at Schoenherr Vienna.
Fifth Schoenherr Construction Conference: Digitalisation brings more transparency to the construction industry
The Schoenherr Construction Conference took place for the fifth consecutive year on 29 November in Vienna. The conference was initiated in 2015 by the Schoenherr real estate & construction team.
Austria: Schoenherr advises European Investment Bank on EGFF-financing transaction with Bitmovin
Schoenherr, together with law firm Duane Morris LLP, advised the European Investment Bank (EIB) on their EGFF-financing transaction with the Austrian start-up Bitmovin.
European Commission's Expert Group publishes report on Regulatory Obstacles to Financial Innovation
Just in time for Christmas, the European Commission's Expert Group published its eagerly awaited final report on regulatory obstacles to financial innovation on 13 December 2019 (the "Report").
New Rules for Digital Content & Sale of Goods
The Sale of Goods Directive will apply to sales contracts between a consumer and a seller for goods, including goods with a digital element (e.g. smart TVs, smart fridges or smart watches) regardless whether concluded physically in shops or online.
Update on Artificial Intelligence and Competition Law
On 6 November 2019, the German Cartel Office and the French Competition Authority published a joint report on the competition risks resulting from the use of algorithms (the "Report"). The Report tackles four main issues:
Cybercrime and Protection Under Criminal Law
The latest criminal statistics of the Austrian Interior Ministry show a strong growth of cybercrime: In the first half of 2019, the Austrian police recorded over 13,000 cybercrime offences, compared to around 8,700 in the same period last year. Combating cybercrime is therefore becoming more and more relevant, in particular for companies to protect their business secrets.
Payment Services Directive 2 (PSD2) – Paving the way for Open Banking
The revised Payment Services Directive (PSD2), applicable since 13 January 2018, has paved the way for Open Banking. Open Banking describes a shift from a closed model of banking to one in which customer data is shared between different members of the banking ecosystem.
Czech Republic: Schoenherr advises Facebook on the acquisition of Czech company Beat Games s.r.o.
Schoenherr advised Facebook, Inc. and Facebook Technologies, LLC on the acquisition of Czech games studio, Beat Games s.r.o., which developed and continues to upgrade the hit virtual reality game Beat Saber as well as other games developed by the company.
to the point: technology & digitalisation l December 2019
Welcome to our second edition of Schoenherr's to the point: technology & digitalisation newsletter!
Second Tech Night @ Schoenherr: Digital adaptability as a prerequisite for success
Am 21. November fand die zweite "Tech Night @ Schönherr" statt. Die von der Schönherr Technology & Digitalisation Gruppe ins Leben gerufene Eventreihe befasst sich mit rechtlichen Rahmenbedingungen und Herausforderungen im Kontext aktueller digitaler und technologischer Entwicklungen.
Austria: Schoenherr advises fintech start-up Credi2 on investment from Volkswagen Bank
Schoenherr advised Austrian company Credi2 GmbH on an investment from Germany's Volkswagen Bank, which will henceforth hold a 20 % share in Credi2.
Erste GmbH-Gründung über die Kamera
First published on Der Standard, 6.11.2019
Wiener Entwicklungshilfe für Legal-Tech-Start-ups
First published on Der Standard, 6.11.2019
Der Legal Tech Hub Vienna legt mit seinem Accelerator einen Fokus auf Produkte, die das Prozessmanagement und die Umsetzung von Geldwäscheauflagen für Anwälte erleichtern.
Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2020 - Chapter Serbia
The Global Legal Insights series provides essential insights into the current legal issues, providing readers with expert analysis of legal, economic and policy developments through the eyes of the world's leaders.
Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2020 - Chapter Montenegro
The Global Legal Insights series provides essential insights into the current legal issues, providing readers with expert analysis of legal, economic and policy developments through the eyes of the world's leaders.
Facebook's Libra: The new generation of cryptocurrencies?
"When I think about all the different ways that people interact privately, I think payments is one of the areas where we have an opportunity to make it a lot easier," Zuckerberg said on 30 April 2019 at Facebook's F8 annual software developer conference in San Jose, California.
Increased activity of the Polish Data Protection Authority
As of November 2019, the Polish Data Protection Authority (Urząd Ochrony Danych Osobowych; "UODO") has fined three Polish companies and one local government institution for non-compliance with the GDPR.
Digital foundation of an Austrian limited liability company
The Electronic Notarial Form Foundation Act (Elektronische Notariatsform-Gründungsgesetz) ("ENG") came into force on 1 January 2019 and enables going forward the digital foundation of an Austrian limited liability company ("GmbH") by way of an electronic notarial deed. The Austrian notaries were entrusted with the implementation of the digital foundation procedure. Since autumn 2019, the first notaries in Austria have been offering the digital foundation process of a GmbH. Schoenherr attorneys at law, was the first person in Austria to accompany a digital foundation process.
Before we describe the digital foundation in practice, we briefly describe the notarial process of founding a GmbH in general: (i) execution of the deed of incorporation / articles of association as Austrian notarial deed (Notariatsakt), which essentially requires that the notary reads out the agreement and the parties sign the agreement in front of the notary, (ii) appointment of the first managing director(s) by way of a shareholders' resolution (by way of a notarial protocol, circular resolution with certified signatures or – as this is done in practice – as part of the notarial deed described under (i)), (iii) execution of the specimen signatures of the managing director(s) with their signatures being certified by a notary public (this could also be done by a foreign notary or an Austrian embassy/consulate) and (iv) execution of the commercial register filing again with signatures being certified by a notary public or Austrian embassy/consulate.
The ENG now attempts to fully digitalize such process. The process in practice can be described as follows:
Payment Services Directive (PSD2) – Strong Customer Authentication and additional migration period for e-commerce businesses
The revised Payment Services Directive (PSD2), applicable since 13 January 2018, brought significant changes to the payment markets in the EU. In particular, PSD2 requires certain payment services providers (PSPs) to apply strong customer authentication (SCA, also referred to as two-factor authentication) in remote electronic transactions.
04 November 2019
T.Kulnigg M.Nutz S.Bednář M.Lindtner D.Hofmarcher D.Rutecka M.Pressler
to the point: technology & digitalisation l November 2019
Welcome to our first edition of Schoenherr's to the point: technology & digitalisation newsletter!
Schoenherr digitally founds LLC for the first time in Austria
Am 8. Oktober 2019 haben Schönherr Rechtsanwälte GmbH und die Notare MMag. Dr. Philipp Nierlich LL.M. und Dr. Christoph Pfaffenberger vom Notariat NHP - Notare Huppmann, Poindl, Pfaffenberger, Nierlich erstmals in Österreich eine GmbH auf digitalem Weg gegründet.
Zivile Drohnen - ist Österreich auf die EU-Vollharmonisierung vorbereitet
Drohnen werden zunehmend häufig und vielseitig im Luftraum operiert. Der Unionsgesetzgeber hat auf den EU-Harmonisierungsbedarf für zivile unbemannte Luftfahrzeuge mit der VO (EU) 2018/1139 reagiert. In Zusammenschau mit deren tertiärrechtlichen Ausführungen muss das österr Luftfahrtrecht ab 1. 7. 2020 mit den unionsrechtlichen Anforderungen für die drei neuen uLFZ-Kategorien übereinstimmen. Eine umfassende Luftfahrtgesetz-Nov scheint unausweichlich.
Der vollständige Artikel ist hier zu finden.
FinTech 2019 in Austria
Financial technologies, or FinTechs, are rapidly changing the finance/banking sectors, and sometimes even shift whole markets online, and make it possible to deal, invest or lend money without ever needing to deal with a traditional bank.
Schoenherr advises Spanish manufacturer Torrot on delivery of electric scooters and related technology to ŠKODA AUTO DigiLab
Schoenherr Prague advised Spanish manufacturer Torrot Electric Europa, S.A. ("Torrot") on the delivery of complex technology solutions for scooter sharing (including also electric scooters, advanced IT technologies and IT services) to ŠKODA AUTO DigiLab s.r.o. ("ŠKODA AUTO DigiLab"), which will use them for its new e-scooter sharing service BeRider in Prague.
Serbia catches up with the GDPR
1. New Data Protection Law adopted and applicable
After a public hearing that lasted more than a year, the National Assembly of the Republic of Serbia adopted the new Data Protection Law (the "Law") on 9 November 2018. The Law is applicable as of 21 August 2019. The provisions of the Law itself have been modelled on, and largely comply with the provisions of the GDPR, as part of the wider process of harmonising the national law of Serbia with EU law, which was one of the main reasons for the adoption of the new Law. Besides many novelties, the new Law elaborates on certain procedures, rights, obligations and competences.
Some of the most important novelties follow.
EU-Finanz-Anpassungsgesetz 2019 │ New Challenges ahead for the virtual currency business
On 11 July 2019 the Austrian parliament adopted the EU-Finanz-Anpassungsgesetz 2019 ("EU-FinAnpG 2019") which implements the 5th EU Anti-Money Laundering Directive ("5th AML Directive") into Austrian law and introduces a number of amendments to Austrian laws relevant to the financial market.
In order to implement the 5th AML Directive, amendments to the Austrian Financial Markets–Money Laundering Act ("FM-GwG"), the Beneficial Owner Register Act (WiEReG) and the Act on Gaming (Glückspielgesetz), are necessary. These amendments include changes which will have a significant impact on business with virtual currencies.
Austria: Schoenherr advises SynerGIS on the sale of its GIS and FM software development business to AED-SICAD
Schoenherr has advised the shareholders of the Synergis Informationssysteme GmbH ("SynerGIS") on the sale of its GIS (geographic information systems) and FM (facility management) software development business to AED-SICAD GmbH ("AED-SICAD").
Cyber-attacks and business secrets - Protection under criminal law
Business secrets are essential assets of companies, and are often the reason for a company having a competitive lead in a market. Thus, they constantly seek to develop new technologies, algorithms or software to create such intangible assets.
Digital Services Tax proposed
In early April 2019, the Austrian Federal Government published a draft of the Digital Tax Act 2020 which is currently under review.
Schrems II.: the doom of Privacy Shield and Standard Contractual Clauses?
Read the Czech version below.
There are two fundamental legal mechanisms stipulated in the EU law for the transfer of personal data outside European Economic Area (EEA): Standard Contractual Clauses (SCCs) and Privacy Shield. Both of them are widely used in practice because they allow corporations within the EEA to legitimise the transfer of personal data beyond the borders of EEA. However, each of them behaves differently. SCCs are essentially contracts between (at least) two parties and a Privacy Shield on the other hand is an agreement between the United States Department of Commerce and the European Union, which regulates the transatlantic data transfers.
The Court of Justice of the European Union (CJEU) is prepared to hear a case challenging the validity of both of the above-mentioned transfer instruments. The case stems from a dispute between Max Schrems and Facebook dating back to 2013. Max Schrems is an Austrian lawyer and determined advocate for data protection. His focuses on the flow of (EU) personal data from US corporations to U.S. intelligence agencies. In 2017, Schrems set up a non-profit organisation NYOB1 with the aim to help citizens defend themselves against allegedly “omnipresent” technological corporations.
Praxishandbuch Cloud Computing
Der Trend Cloud Computing ist längst in der Praxis angekommen und der Markt wächst.
BR’s Start-ups vs. Scale-ups | Business Review has teamed up with Schoenherr to offer start-up and scale-up communities legal and funding advice
First published on Business Review, 14.06.2019
Business Review has teamed up with Schoenherr to offer start-up and scale-up communities legal and funding advice, as well as success stories from local entrepreneurs, so that they can reach their business goals.
Czech Republic: Schoenherr advises PORTIVA Private Equity a.s. on the acquisition of a 50% share in EAG SE
Schoenherr Czech Republic advised PORTIVA Private Equity a.s. ("PORTIVA") on the acquisition of a 50% share in EAG SE ("EAG"), which through its subsidiary CARVAGOCOM s.r.o. will operate an innovative platform to be used for buying, selling and renting of cars and other related services.
Behörde, Gericht – oder beides?
First published on Der Standard, 22.05.2019
Erlaubt die DSGVO, Datenschutzbehörde und Gericht parallel anzurufen? Das würde dem Verfassungsprinzip der Gewaltentrennung widersprechen.
Glücksspielgesetz-Novelle 2019: Bedarf zur Regulierung von Lootboxen?
"Lootboxen" und Glücksspiel - eine heftig diskutierte Kombination. Mit dem steigenden Verbreitungsgrad von Lootboxen gerät die Frage vermehrt in den Fokus, ob Lootboxen Gemeinsamkeiten mit dem Glücksspiel aufweisen und damit reguliert gehören.
Tech Night @ Schönherr: Fintech-Kooperationen sind die Zukunft der Banken
Am 8. Mai fand die erste Technology Night @ Schönherr statt. Der Abend hielt für interessierte Zuhörer Keynotes und Panel-Diskussionen zu trending Tech-Themen bereit.
The International Comparative Legal Guide to: Fintech 2019
The International Comparative Legal Guides provide current and practical comparative legal information on a range of practice areas, following a Q&A format to ensure thorough coverage of each topic within different legal systems worldwide.
E-Commerce Compliance
The legally correct implementation of an e-commerce presence is becoming increasingly complex and affects every webshop operator.
Can flying photo drones be shot down?
In Germany, a neighbor used a rifle and shot down a drone flying over his garden. The owner of the drone filed a complaint for damage to property and demanded compensation. The neighbor argued in the proceedings that his personal rights were at risk of being violated because he assumed that the drone was taking photos while over his property and relied on the legal principle of "self-help" (Selbsthilfe).
A glimpse into the future of AI regulation
On 8 April 2019, the High-Level Expert Group on Artificial Intelligence – a supportive body to the European Commission – launched their "Ethics Guidelines for Trustworthy AI". Based on four questions, the following text deals with the context and content of this guideline, deducing the possible next steps for AI practitioners towards the achievement of Trustworthy AI.
Austria: What does "limited space" mean under the Act on Distance Contracts and Off-Premises Contracts?
Directive 2011/83/EU of 25 October 2011 on consumer rights (the "Directive") and the Fern- und Auswärtsgeschäfte-Gesetz (the "FAGG") impose many information obligations on traders before the consumer is bound by a distance or off-premises contract, or any corresponding offer.
Taxi drone EHang 216 takes off in Austria
As reported by ORF and CNBC, the taxi drone EHang 216 conducted its first demonstration flight in Vienna on 4 April 2019. EHang 216 is an autonomous aerial vehicle that can seat two passengers, reach a speed of up to 160 km/h and has a range of around 70 to 80 kilometres. The vehicle is electrically operated, and efforts are being taken to ensure it is barely audible at a distance of 15 to 20 metres. Thus, the taxi drone sets a remarkable benchmark in terms of air pollution control and aircraft noise.
The 5G network – From technical requirements to legal challenges
1. The 5G network for Europe
In September 2016, the European Commission invited1 the Member States to develop national 5G strategies as part of their broadband plans. The Austrian Federal Government has set itself the goal of implementing the 5G strategy in three ambitious phases:
Phase 1: By mid-2018, preliminary commercial 5G tests were to be implemented.
Phase 2: By the end of 2020, the Federal Government set its interim goal of achieving almost nationwide availability of ultrafast broadband connections.
Phase 3: By the end of 2023, 5G services will be available on the main traffic connections, and by the end of 2025, the goal of almost nationwide availability of 5G will be achieved.
At the beginning of March 2019, the competent supervisory authority (RTR) conducted the procurement procedure for the 5G "pioneer band" auction. The three major Austrian mobile operators (A1, T-Mobile and Drei) acquired licences for the frequencies in all 12 regions put to tender. Based on these frequencies, one of the companies has already commissioned the first 5G mobile stations in some selected Austrian regions.
Real Estate auf der Blockchain
First published on forbes.at, 08.04.2019
Wie verändert die Blockchain die Immobilienwirtschaft? Ein Gastkommentar von Thomas Kulnigg und Constantin Benes.
Austrian public enterprises join forces to accelerate 5G expansion
On 26 March 2019, the Austrian mobile operator T-Mobile commissioned the first 25 5G mobile stations in 17 selected Austrian municipalities, predominantly in rural areas. According to the Chancellor of Austria, the start of 5G marks a milestone in the country's economic competitiveness and technological progress.
However, further steps need to be taken to achieve almost nationwide availability of 5G by the end of 2023 as laid down in the Federal Government's 5G strategy paper.
Austrian DPA case law since 25 May 2018 (excerpt)
Austria paves the legal way for (partly) autonomous vehicles
Imagine your car would drive you instead of you driving your car. This marvel has become partly a reality, as a law entered into force on 11 March 2019 allowing autonomous driving on Austrian highways. In addition, an amendment to the regulation for autonomous driving (Automatisiertes Fahren Verordnung – AutomatFahrV) by the Ministry of Traffic, Innovation and Technology broadly permits autonomous parking of vehicles.
Urheberrecht: Dissonante Harmonisierung
Geplante EU-Richtlinie lässt nur vage und unscharfe Vorgaben für Mitgliedstaaten erwarten.
Influencer Marketing – Austrian Advertising Council Adopts Specific Rules
The Austrian Advertising Council (Österreichischer Werberat) is the self-regulating body of the Austrian advertising industry.
Combining Blockchain and AI to make Smart Contracts Smarter
Blockchain and Artificial Intelligence (AI) are the new giants in technology and two of the hottest topics at the moment. The two technologies are typically considered for separate applications but there is a link: data.
AI allows processing of big data, whereas Blockchain offers security, immutability and decentralised data storage. It makes sense to combine the two technologies to make "Smart Contracts smarter" and to potentially also be a driver of the fourth industrial revolution: Data owners might be able to control their data again by choosing which AI provider to share their data with. Data marketplaces might also be possible, boosting AI applications when combined with Blockchain technology.
What is Blockchain?
Blockchain1 or Distributed Ledger Technology has become a trending topic especially in the light of cryptocurrencies, smart contracts, ICOs and other areas in the context of digitisation, which are based on this technology. This technology and the (alleged) possibility to digitalise any kind of assets or create bullet-proof sets of data has the potential to revolutionise certain industries. It is therefore essential to understand blockchain technology in order not to fall behind. The following is a brief introduction to the technology, its variants, advantages and possible applications.
Austria: Schoenherr advises Israeli company Playtika on acquisition of Austrian Mobile Games Developer Supertreat
Schoenherr has advised Playtika Ltd. on the acquisition of Supertreat GmbH, the developer of the mobile game "Solitaire – Grand Harvest" ("Solitare – Goldene Ernte").
Telemedicine – A trend in the fast lane
The health care sector continues to see competition from traditional and non-traditional industry participants. At the same time, patients want continuously available, affordable and better health care and increasingly view medical treatment like any other (professional) service. Patients therefore are demanding cost-efficiency, high quality, ease of access and 24/7 availability.
Cryptocurrency in Romania. A go or a no-go?
In Romania, authorities are yet to create the legal framework that would regulate the taxation of activities related to cryptocurrency. This legislative gap leaves plenty of room for tax avoidance, as even the most well-intentioned taxpayers lack the tools to understand what taxes they need to pay in relation to their cryptocurrency trading.
Tax intermediaries to disclose potentially aggressive tax arrangements to tax authorities
On 25 May 2018, the Council adopted a directive forcing tax intermediaries or taxpayers to report aggressive cross-border tax planning schemes to the tax authorities, which may exchange such information with other tax authorities within the EU. The Directive is to be implemented by 31 December 2019 and is applicable from 1 January 2020.
Czech Republic: Schoenherr advises Finnish company Caverion on the disposal of its Czech subsidiary to a company in the ČEZ Group
Schoenherr Czech Republic advised Finnish company Caverion Emerging Markets Oy ("Caverion") on the disposal of its Czech subsidiary Caverion Česká Republika s.r.o. to KART spol. s r.o., a member of the ČEZ Group.
Romania: Cybersecurity - call for action for major companies in critical sectors
The first piece of EU-wide legislation on cybersecurity is expected to be transposed into Romanian law anytime now, bringing into play enhanced system security obligations for major companies in certain sectors, as well as fines of up to 5 % of non-compliant companies' turnover.
Healthcare Update - Mastering New Trends: Teleradiology* - Austria
Technology and innovation are key drivers of advancement in a variety of industries, and certainly in healthcare. The level of patient care can be improved considerably with the right mix of traditional and innovative treatments and solutions. Nevertheless, there are regulatory challenges to overcome.
Launch of Legal Tech Hub Vienna
The law firms Dorda, Eisenberger & Herzog, Herbst Kinsky, PHH, Schoenherr, SCWP Schindhelm and Wolf Theiss, today launched the Legal Tech Hub Vienna (LTH Vienna).
Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2019 - Chapter Austria
The Global Legal Insights series provides essential insights into the current legal issues, providing readers with expert analysis of legal, economic and policy developments through the eyes of the world's leaders.
Austria: Let them eat space cake
As of tomorrow, the traditional Austrian bakery Aida, which is known for its staff dressed in baby pink, will sell brownies containing CBD. The price will be EUR 4.20 – an inside joke, since "four-twenty" is code for the consumption of cannabis.
Austria: Schoenherr advises crowdinvesting company CONDA on first-ever digitalisation of shares via blockchain in Austria
Schoenherr and CONDA AG ("CONDA") have succeeded in digitalising the shares of the joint stock company and enabled registered shares to be managed via blockchain technology.
European Union: Your Web Doctor will see you now - software as a medical device
Patients nowadays have access to an enormous range of medical knowledge through social media, websites and health apps (in combination with wearables). The latter have become increasingly popular in recent years because of their ability to monitor in real time pulse, blood pressure, blood glucose levels and other parameters.
Beware: not only 25 May but also 9 June has passed
It seems not only companies but also many Member States were so busy preparing for the GDPR that they lost sight of the Trade Secrets Directive that should have been transposed into national laws by 9 June. That's regrettable, because it is important legislation between "privacy", unfair competition and IP, establishing a modern and for the first time EU-wide regime for the protection of trade secrets.
Cybersecurity: Why it matters in M&A Transactions
At a time when we are all dependent on our IT systems and when digital assets are of central importance, cybersecurity is one of the most critical aspects to protect our businesses, know-how and data from being stolen, disclosed, deleted and/or manipulated.
Austria: Are you still buying or already mining? Mining cryptocurrencies as a permanent establishment
The taxation of cryptocurrency transactions is a hot topic. The Austrian Ministry of Finance recently issued an interesting ruling outlining when mining for cryptocurrencies in Austria by a non-resident taxpayer may trigger a permanent establishment.
Austria: Two Years Of Online Sales Of Medicinal Products In Austria
Austrian legislators have been reluctant – if not outright hostile – to permit any kind of online sale of medicinal products within the country. It has been just over two years since Austrian pharmacies were finally granted the right to sell medicinal products to consumers.
Austria: News from the crypto-world
Periodically Schoenherr will keep the crypto-community up-to-date with dedicated newsletters focusing on issues relating to initial coin offering (ICOs), initial token offerings (ITO) and Blockchain.
Österreich: Selbstlernende Systeme: Wem gehört’s – wer hat Schuld?
Die rasante technologische Entwicklung bis hin zu den sich selbst weiterentwickelnden Systemen künstlicher Intelligenz verlangt nach neuen juristischen Denkansätzen.
AT/CZ: Schoenherr strengthens teams in Vienna and Prague with two new contract partner promotions
Schoenherr is announcing the promotion of Austria IP lawyer Michael Woller and Czech corporate/M&A expert Vladimír Čížek to contract partner.
Schönherr ernennt IP-Experten Michael Woller zum Contract Partner
Mit Beginn des neuen Geschäftsjahres steigt Michael Woller (35) zum Contract Partner bei Schönherr auf.
Geschäftsgeheimnisschutz heute und morgen - Zwischen Immaterialgüterrecht und Marktverhaltensregeln
Obwohl vertrauliches Know-how und Geschäftsgeheimnisse für Unternehmen eine genauso wichtige Rolle wie Patente und andere Rechte des geistigen Eigentums spielen, (FN 1) wird deren Schutz im nationalen Recht - materiell wie prozessual - bisher eher stiefmütterlich behandelt. Die bis 8. 6. 2018 umzusetzende GeschäftsgeheimnisRL (FN 2) ("RL") bietet nun die Chance, den Geheimnisschutz auf ein neues Fundament zu stellen.
Der vollständige Artikel ist hier zu finden.
Bulgaria: Commission fines Laptop.BG for video blog content
The Commission for the Protection of Competition fined Laptop.BG Lev47,265 (approximately €24,160) for unfair practices in the form of contradicting genuine practices. The penalty represents 0.5% of the net income of Laptop.BG sales.
Automated driving: positive climate impact and recent efforts
The Paris Agreement sets the ambitious goal of achieving net zero greenhouse gas emissions in the second half of the 21st century. Therefore, worldwide traffic and transport must change. Despite these objectives, people tend to overlook the fact that automated driving is not only innovative and comfortable, but may also have an important impact on reducing greenhouse gas emissions in future.
Competition authority adopts new approach to gathering electronic evidence during dawn raids
The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection.
17 May 2017
bulgaria croatia czech republic hungary moldova poland romania slovakia serbia slovenia turkey montenegro belgium / EU austria
C.Schumacher G.Kucsko D.Hofmarcher G.Irsa-Klingspiegl M.Woller P.Halwa S.Pavel U.Picelj V.Tomov
Every IPR starts with a secret
The impact on the new European Trade Secrets Directive on trademark strategy.
Austria: Schoenherr advises UNIQA on upgrading its business processes and IT infrastructure
Internet of Things - Wenn (Gebrauchs-)Gegenstände werben
Kurz vor Weihnachten haben der europäische Verbraucherverband (BEUC) und auch der VKI vor "My friend Cayla", einer mit dem Internet verbundenen sprechenden Puppe, gewarnt. (FN 1) Neben der unsicheren Bluetooth-Verbindung wurde va auch die Tendenz zur (Schleich-)Werbung beanstandet.