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technology & digitalisation news

Get an overview of our technology & digitalisation team's news.

Read through our technology & digitalisation articles, publications and news!

press release

Austria: Schoenherr advises Red Bull on joint venture with Teletest consortium

Schoenherr advised Red Bull GmbH on the establishment of a joint venture with Arbeitsgemeinschaft Teletest ("AGTT").

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press release

Österreich: Schönherr berät Technologiedienstleister ARZ bei Übernahme durch Accenture

Schönherr hat die ARZ Allgemeines Rechenzentrum GmbH (ARZ), einen auf den Bankensektor fokussierten Technologiedienstleister in Österreich, beim Verkauf ihres auf informationstechnologische Unterstützungsleistungen von Kredit- und Finanzinstituten spezialisierten IT-Dienstleistungsunternehmens an Accenture beraten.

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blog

Trademarks: The classification of "virtual goods" in trademark applications

Trademark professionals have noted growing interest in protecting trademarks for "virtual goods". This leaves trademark specialists as well as IP offices grappling with how to correctly classify these goods.

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publication

to the point: technology & digitalisation l May 2022

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press release

Austria: Schoenherr advises Storyblok on USD 47m Series B financing

Schoenherr advised the Austrian scale-up Storyblok on its Series B financing worth USD 47m, one of several major transactions in the Austrian start-up scene on which Schoenherr has advised in the recent past.

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publication

26 April 2022

austria

B.Hirsch

podcast | Brands Pop-Up: Fashion 3.0

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publication

to the point: technology & digitalisation l April 2022

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press release

Austria: Schoenherr advises S&T AG on voluntary partial public takeover offer

Schoenherr advised S&T AG, an Austrian company listed on the Frankfurt Stock Exchange, in connection with the voluntary partial public takeover offer by grosso tec AG (Germany) on issues of Austrian law. Hogan Lovells advised S&T AG on German law issues.

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newsletter

14 March 2022

austria

F.Terharen

The European Data Act

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newsletter

15 February 2022

hungary

G.Szalóki

Crypto-assets to be covered by financial regulation in the EU

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newsletter

10 February 2022

austria

C.Haid A.Reumann

The EU's Digital Markets Act: an opportunity for Austrian antitrust enforcement?

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event

Wegfall des "Privacy Shield": Kommt jetzt das Aus für "Google Analytics"?

Webinar | Schoenherr Privacy Academy
3. März 2022 | 9.30 - 10.30 Uhr

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blog

Landmark decision in Austria: use of Google Analytics found to breach GDPR

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press release

Bulgaria: Schoenherr advises Chaos on Bulgarian law aspects in merger with Enscape

Schoenherr advised Chaos, a global leader in photorealistic rendering technology, on the Bulgarian law aspects of its merger with Enscape, a leading developer of real-time rendering and design workflow technology for the Architecture, Engineering and Construction (AEC) industries.

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event

Wegfall des "Privacy Shield": Kommt jetzt das Aus für "Google Analytics"?

Webinar | Schoenherr Privacy Academy
2. Februar 2022 | 17.00 - 18.00 Uhr & 3. März 2022 | 9.30 - 10.30 Uhr

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newsletter

26 January 2022

moldova

V.Iurkovski A.Otean

Moldova: Digitalisation has made it easier to establish, operate and sell companies

Through its 11 November 2021 law ("Law 175/2021"), the Moldovan Parliament passed certain amendments to existing legislation with the goal of digitalising the national economy. As a result, the norms implemented have made it simpler to establish, operate and sell companies in Moldova.

Law 175/2021 entered into force on 10 January 2022.

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press release

Austria: Schoenherr advises Austrian unicorn Bitpanda on expansion of its product portfolio to include exchange traded cryptocurrencies

Schoenherr advised the Austrian fintech Bitpanda on the expansion of its product portfolio to include exchange traded cryptocurrencies. This product provides investors with easy access to crypto assets via a liquid financial instrument traded on a regulated exchange.

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publication

18 January 2022

austria

V.Wolfbauer P.Ocko

LEXOLOGY Getting the Deal Through: Digital Transformation 2021

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roadmap

A new era for cryptocurrencies in Poland

With the appearance of Bitcoin ATMs on the streets the cryptocurrency business seems to be blossoming. But do Poland's new cryptocurrency laws address all the issues, especially the risks, in the right way?

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roadmap

New warranty rules: old wine in new bottles?

Two new directives are trying to shape Europe's warranty rules. Member States must apply the Digital Content Directive ("DCD") and the Sale of Goods Directive ("SGD") from 1 January 2022. Austria and several others already implemented the DCD and the SGD in 2021.

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roadmap

Judgments issued ex machina? Are AI-made judicial decisions the future?

Digitalisation is invading all areas of our lives, including the judiciary. It is impossible to imagine everyday legal life without electronic legal transactions, the electronically managed land and company registers, the edict file or the possibility of submitting briefs to courts in electronic form.

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roadmap

NFT-related disputes: How do you resolve them?

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roadmap

Austrian insurance law: Are NFTs insurable?

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roadmap

Coming soon: The European Patent with Unitary Effect

The European Patent with Unitary Effect ("Unitary Patent") already has a longstanding and ambiguous history, although its underlying legal framework has not yet come into force. But 2021 brought a considerable push towards implementation of the Unitary Patent system.

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roadmap

Decentralised Finance: Opportunities, risks and legal challenges

Decentralised Finance (DeFi) is without question a rapidly evolving area at the intersection of blockchain technology, crypto assets and traditional financial services.

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roadmap

The Digital Content Directive and the Sale of Goods Directive: when to apply which?

The constant and growing development of new technologies is leading towards an increasing availability of various digital products for consumers. This, in turn, triggers competitiveness and consumers' ever-greater expectations about the offerings, the ease of their purchase and conclusion of contracts without leaving home.

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roadmap

Don't be gentle it's a rental – or isn't it? Correctly classifying an IT service in a contract

There's no such thing as a one-stop software contract that covers all services.

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roadmap

The rise of the machines: The EU is getting ready to regulate AI

In April 2021, the European Commission (EC) released its long-awaited proposal for an Artificial Intelligence Act.1 But what is artificial intelligence?

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roadmap

Does the Digital Services Directive stipulate a right to updates?

The new Digital Services Directive (DSD) aims to harmonise certain aspects of consumer protection law by providing consumers a mandatory warranty for digital content and digital services supplied by a vendor. First and foremost this concerns contracts on the purchase or rental of software (usually comprising licence agreements) or cloud services.

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roadmap

New laws will be needed before real estate, shares and other rights can be tokenised

The transfer of title to real estate requires an entry in the land register. Likewise, the transfer of shares in companies necessitates an entry in the commercial register.

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roadmap

2022

serbia

D.Obradović N.Babić

Digitalisation developments in Serbia

In recent years, the Serbian government has rolled out various modern digital solutions aimed at facilitating business operations.

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roadmap

Austria on its way to number one hydrogen nation?

In 2020, the newly constituted government grandiosely announced that Austria will become the "number one hydrogen nation". But is this even remotely realistic just two years later?

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roadmap

2022

M.Roibu

Evidence no. 5. How to sniff out cybercrimes and build a successful case

More and more companies are being subjected to cyberattacks. To effectively respond to this criminal phenomenon, it is essential to be prepared, meaning making sure you have solid evidence to build a criminal case.

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media coverage

28 December 2021

austria

T.Kulnigg T.Veronesi

Wie man ein 64-kg-Kunstwerk als NFT verkauft

Derzeit besteht ein regelrechter Run auf digitale Kunstwerke, deren Einmaligkeit durch „Non-Fungible Token“ (NFT) garantiert ist. Das gute alte ABGB ermöglicht es, diese Technologie für körperliche Schöpfungen zu nutzen.

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publication

to the point: technology & digitalisation | December 2021

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blog

15 December 2021

V.Wolfbauer P.Ocko

"New" warranty rules finally come into effect

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newsletter

14 December 2021

austria

C.Haid A.Reumann

Green Antitrust: the very thin red line between legitimate sustainability cooperation and illegal collusion

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media coverage

Non-Fungible Tokens: Ist digitale Kunst versicherbar?

Digitale Kunstwerke in Form von Non-Fungible Tokens (NFTs) erzielen bei Auktionen Millionenpreise. Für Sammler stellt sich daher die Frage, ob sie die Werke versichern können

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publication

to the point: technology & digitalisation | November 2021

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newsletter

08 November 2021

austria

M.Pressler

FMA permits automated biometrical customer identification – a game changer for the KYC process?

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publication

28 October 2021

austria

A.Tipotsch

Cultural Hackathon podcast: NFT – Is it worth it?

The NFT art market is growing and occupying the cultural sector.

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publication

Global Legal Insights to Blockchain & Cryptocurrency Regulation 2022 - Chapter Austria

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publication

to the point: technology & digitalisation | October 2021

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event

14 October 2021

austria

G.Kucsko

Artist Talk - Digitale Kunst: Guido Kucsko

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publication

LEXOLOGY Getting the Deal Through: Technology M&A 2022

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newsletter

27 September 2021

M.Pressler

Limited network exemption under PSD2 – EBA consults on Draft Guidelines

In summer 2021 the European Banking Authority (EBA) published Draft Guidelines on the limited network exemption (LNE) under the Payment Service Directive 2 (PSD2) for consultation (available here). The Draft Guidelines are meant to foster supervisory convergence amongst the EU's national competent regulators (NCAs).

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newsletter

16 September 2021

austria

P.Konwitschka D.Höhnl

Are NFTs insurable?

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newsletter

07 September 2021

austria

F.Terharen

Digital Austria – overview of domestic digitalisation efforts

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media coverage

07 September 2021

bulgaria

I.Stoyanov

Dissonant Optimism: Mergers and Acquisitions in the Bulgarian Technology Industry

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press release

Austria: Schoenherr advises on the sale of the oral hygiene start-up Playbrush to the Sunstar Group

Schoenherr advised the shareholders of the Austrian oral hygiene start-up Playbrush on the sale of the majority shares to the international health care company Sunstar Group.

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newsletter

02 September 2021

austria

M.Woller

Patents on NFT? No, NFT on patents!

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event

21 September 2021

G.Kucsko A.Tipotsch

IP-Day 2021

IP-Day is dedicated to current and fundamental questions regarding intellectual property law – not just in an academic way, but also practically.

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newsletter

19 August 2021

austria

M.Ebner P.Ocko

Taking security over NFTs: Some legal considerations under Austrian law

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press release

Austria: Schoenherr advises Bitpanda on Austria's largest scale-up financing round

Schoenherr provided legal advice to Bitpanda on the largest scale-up financing round in Austria to date.

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newsletter

The tension between the GDPR & NFTs

If you are unfamiliar with the world of NFTs, please see our self-experiment. If you want to quickly recap what NFTs have to do with smart contracts, please see here.

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newsletter

Austrian Labour Law: Is crypto-salary a thing?

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publication

to the point: technology & digitalisation | July 2021

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blog

Here we go again – the odyssey of international data transfer challenges continues

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newsletter

14 July 2021

austria

C.Benes

Blockchain and (Un)Real Estate

Blockchain technology has – so far – not lead to a transfer of the world's land registers onto this technology or to a "tokenization" of title (documents). The only significant exception in this respect is Georgia where a purchaser's title to real property can be registered by execution of a smart contract.

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newsletter

NFT art: The most important (legal) questions for artists, buyers in general and museums

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publication

06 July 2021

austria

G.Kucsko

ecolex podcast: NFT hype in self-experiment

In ecolex's podcast episode 6/21, Schoenherr partner Guido Kucsko was asked to answer a few questions about NFT and the NFT self-experiment he participated in.

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press release

Austria: Schoenherr advises Adevinta on the sale of Shpock to Russmedia

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publication

NFT – ein Selbstversuch

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publication

Der Modus operandi bei NFTs und die Crux mit dem Modus

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publication

Echte und fiktive Immobilien auf der Blockchain

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publication

NFT – Eine urheberrechtliche Betrachtung

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publication

Non Fungible Token (NFT) – ein Fall für die Finanzregulierung?

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event

NFT: An all-round legal view of Non-Fungible Tokens | Webinar

Did you miss our webinar, or do you want to listen to the discussed topics again? Watch the NFT webinar video recordings here!  

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newsletter

When a museum buys an NFT: Legal challenges and considerations

The story of our NFT self-experiment does not end with the selling of the token. To the contrary, it is only the start: The buyer – in our case the Museum Francisco Carolinum in Linz – wants to use the artwork for their purposes. In general, what legal considerations should a museum keep in mind?

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publication

to the point: technology & digitalisation | June 2021

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blog

14 June 2021

austria

F.Terharen

Austria's winding road to a lawful Digital Green Certificate

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newsletter

Austria: Civil law aspects of selling a token – a random selection

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newsletter

Tokenized copyrights: Linking an NFT to a copyright licence

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publication

Global Legal Insight: Al, Machine Learning & Big Data 2021 - Chapter Austria

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newsletter

Formulating a smart contract and minting an NFT

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blog

17 May 2021

poland

D.Rutecka

Regulating the unknown – new restrictions on AI in April 2021

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publication

to the point: technology & digitalisation | May 2021

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media coverage

Selbstversuch mit digitalem Kunstwerk

Kunst über Non-Fungible Token (NFT) hat zuletzt einen Hype ausgelöst. Die technischen und rechtlichen Herausforderungen sind beträchtlich

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blog

12 May 2021

A.Pabst D.Tyrybon

What is a crypto-wallet?

If you were to ask how funds are transferred in blockchains, the reply would be through wallets. But how do these wallets work and what does the term technically mean? 

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newsletter

Let the NFT Self-Experiment begin!

Non-fungible tokens (NFTs) aren't new, in fact they've been around for years. However, it took the auction of an NFT linked to an image by Christie's Auction House and the fall of the hammer at a spectacular USD 69 million to create worldwide attention and interest in NFTs.

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press release

Czech Republic / Austria: Schoenherr advises Twisto group on senior and mezzanine debt (re)financings

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press release

Austria: Schoenherr and Museum Francisco Carolinum clarify NFT Art

Schoenherr's IP & Technology practice group has set itself the goal of providing clarity on Non-Fungible Tokens (NFTs) in the art and culture industry. In collaboration with the Museum Francisco Carolinum Linz in Upper Austria, the questions preoccupying artists, collectors and museums will be addressed at one of the world's first art exhibitions on NFTs in art. An important milestone for this has already been reached: The museum recently acquired their first NFT artwork – a work of art by conceptual artist and Schoenherr partner Guido Kucsko, that was also used in a Schoenherr team's self-experiment.

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newsletter

16 April 2021

austria

F.Terharen

Facial recognition technology: regulations and use

In recent years there has been an increased use of technologies that match a person's digital image (eg, from a surveillance camera) to a picture database. These technologies facilitate various tasks, including:

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publication

to the point: technology & digitalisation | April 2021

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newsletter

The ECJ's VG Bild-Kunst case: Are there (legal) limitations to the use of links?

YES - In its previous case law, the court has recognised the importance of hyperlinks for the operation of the World Wide Web and for freedom of speech. On these grounds, the European Court of Justice (ECJ) generously allowed the use of links to make third-party content accessible via one's own website.

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blog

09 April 2021

austria

F.Terharen

Mailchimp banned in the EU – or is it?

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media coverage

01 April 2021

austria

G.Leissler

Checking In: Data Protection Compliance in CEE

For our Checking In feature, we reach out to partners and heads of practice across CEE to learn how specific practice areas are faring in their jurisdictions. This time around we asked Data Protection experts: Overall, how compliant would you say economic agents are with relevant local regulations on data protection, and what are the main gaps that have yet to be addressed?

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blog

03 March 2021

serbia

M.Mihaljčić

The Digital Assets Act – New Tech Regulation in Serbia

The Serbian Parliament enacted the new Digital Assets Act ("DAA"), which will come into force on 29 June 2021.

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blog

01 March 2021

poland

D.Rutecka

Poland: New facial recognition guidelines

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publication

to the point: technology & digitalisation | March 2021

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publication

22 February 2021

austria

V.Wolfbauer

Zum rechtskonformen Einsatz moderner Technologien im Beratungsalltag

Anforderungen des Berufsrechts an externe elektronische Datenverarbeitung iZm Cloud Computing

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media coverage

15 February 2021

romania

M.Neagu

Drones: from toys to delivery vehicles

The EU appears to be following the steps already taken in the United States, where several companies have already been authorised to use drones for commercial purposes.

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publication

to the point: technology & digitalisation | February 2021

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publication

03 February 2021

austria

U.Rath T.Kulnigg

Lexology Getting the Deal Through: Cryptoassets & Blockchain 2021 - Austria

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roadmap

Robo-advice in Poland

Back in 2016 the Bank of America raised an interest in financial robo-advisory. Two years later, Wealthfront was the first fully automated advisor offering free, personalised financial planning for its customers. 

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roadmap

COVID-19 – a catalyst for digital assets and crypto trading regulation?

The economic impact caused by the COVID-19 pandemic has not only significantly changed the way we work, travel and shop, but has sent a large number of investors on the search for assets that can provide a safe haven during the ongoing crisis and its macroeconomic events.

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roadmap

Adapt. Improvise. Overcome.

The ability to adapt, improvise and overcome obstacles is a key feature in the start-up world. We have asked our clients and friends in the community to tell their stories about how important it is to adapt, improvise and overcome.

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roadmap

IT projects: Everything agile or still waterfall?

Agile project methods have been a topic of conversation for years. There is hardly a management consultant who does not swear by them and hardly a company that does not prescribe "agile" as a miracle cure for many homemade problems. Agility in project management has almost become mandatory, for better or worse.

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roadmap

2021

Quickly adapt with an e-commerce presence and digital business models

The COVID-19 crisis has forced many businesses to sell their goods and services online. Limitations on the number of people who can enter a store or restaurant have made e-commerce solutions necessary even for companies that have never used this channel before.

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roadmap

TechReg – Turn and face the strange*

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roadmap

A Bit(coin) dirty. The new means of money laundering

Innovative financial instruments like cryptocurrencies, the most famous of which is bitcoin, have emerged in international banking and financial intermediation.

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roadmap

New technologies and legislation: speed of developments vs. legal adaptations

From self-driving cars to AI and new forms of cybercrime: new technologies are developing faster and faster. And so are the legal challenges, particularly since the legislator is usually only able to react, and not to proactively set the course in this field. 

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roadmap

Internet platforms do not have to report the true online identity of copyright infringers

The internet as a remote platform for day-to-day human interactions has been growing exponentially for many years – and internet crime along with it. Therefore, the existing legal framework, which often comes from the "offline" age, is sometimes tested for its ability to cope with the new online reality.

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publication

14 January 2021

austria

C.Schmelz C.Holzer

VwGVG - Kommentar zum Verwaltungsgerichtsverfahrensgesetz

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publication

to the point: technology & digitalisation | January 2021

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newsletter

04 January 2021

austria hungary

C.Haid

Gatekeepers and the Digital Markets Act – CEE focused in-depth review

The Digital Markets Act proposal (DMA) is a collection of complex obligations imposed on certain digital service providers. We previously described the salient features of the DMA here.

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newsletter

Do hackers have a right to privacy?

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newsletter

23 December 2020

C.Haid F.Schneider

Cybersecurity on the rise: The NIS Directive 2.0

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newsletter

14 December 2020

romania

C.Filip

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.

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newsletter

10 December 2020

romania

C.Filip

Securitate cibernetică: ultimele zile în care operatorii de servicii esențiale pot notifica CERT-RO

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press release

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. 

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publication

to the point: technology & digitalisation | November 2020

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newsletter

Dashcams – safety versus privacy? The Austrian perspective

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blog

25 November 2020

austria

T.Kulnigg

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.

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press release

18 November 2020

austria

M.Piuk M.Kern I.Hanin

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.

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publication

LEXOLOGY Getting the Deal Through: Technology M&A 2021

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media coverage

13 November 2020

austria

L.Schwitzer

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

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publication

03 November 2020

austria

C.Haid V.Wolfbauer

The International Comparative Legal Guide to: Cybersecurity 2021

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publication

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.

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publication

27 October 2020

austria

U.Rath T.Kulnigg

Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2021 - Chapter Austria

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publication

27 October 2020

montenegro

L.Veljović P.Vučinić J.Barović

Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2021 - Chapter Montenegro

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publication

27 October 2020

serbia

B.Rajić

Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2021 - Chapter Serbia

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newsletter

North Macedonia's data protection law: ten months to comply

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press release

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.

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newsletter

08 October 2020

austria

U.Rath T.Kulnigg

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.

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press release

Schoenherr advises majority shareholder of BIA Separations on sale of its 100% shareholding to Sartorius Stedim Biotech

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press release

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. 

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press release

01 October 2020

austria

M.Pressler M.Lagler

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. 

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publication

to the point: technology & digitalisation l September 2020

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press release

29 September 2020

T.Kulnigg A.Lengger D.Tyrybon

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.

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blog

31 August 2020

austria

D.Hofmarcher

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.

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blog

31 August 2020

austria

M.Trautinger

Starry, starry night – don't go astray!

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publication

to the point: technology & digitalisation l August 2020

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newsletter

27 August 2020

croatia

V.Mandarić*

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.

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press release

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.

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newsletter

17 July 2020

austria

G.Leissler

European Court of Justice invalidates "Privacy Shield" but affirms Standard Contractual Clauses

Decision of the CJEU dated 16 July 2020, Rs C 311/18

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newsletter

Automotive: Go-ahead for level 3 Lane Keeping System

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blog

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. 

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publication

to the point: technology & digitalisation l June 2020

Welcome to the June edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

29 June 2020

czech republic

How to avoid cyberthreats when working remotely

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blog

The cookie monster vs. the law – now live on TV

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newsletter

25 June 2020

hungary

D.Gera D.Gindl

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").

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publication

to the point: technology & digitalisation l May 2020

Welcome to our May edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

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.

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publication

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. 

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newsletter

Czech Republic: Top ten most common mistakes in terms & conditions for e-shops (not only) in the time of coronavirus

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media coverage

29 April 2020

bulgaria

K.Bozhinova

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. 

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publication

to the point: technology & digitalisation l April 2020

Welcome to our April edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

28 April 2020

austria

S.Khalil

Non-material damages for illegal GPS tracking

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blog

28 April 2020

austria

S.Khalil

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.

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newsletter

21 April 2020

austria

Austria: E-Commerce als Rettungsanker in der Krise

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blog

Das COVID-19-GesG – aktuelles zu Virtuellen Versammlungen im Gesellschaftsrecht und zu elektronischen Notariatsakten

Update 10/04/2020

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.

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publication

to the point: technology & digitalisation l March 2020

Welcome to our March edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

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)"

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blog

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. 

 

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blog

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. 

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publication

to the point: technology & digitalisation l February 2020

Welcome to our February edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

26 February 2020

austria vienna

P.Ocko

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").

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blog

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.

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blog

25 February 2020

czech republic

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. 

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blog

25 February 2020

romania

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.

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publication

17 February 2020

austria

U.Rath T.Kulnigg

LEXOLOGY Getting the Deal Through: Cryptoassets & Blockchain

Find the full comparative guide on Cryptoassets & Blockchain on the LexGTDT tool. Here you can find the answers for Austria.

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newsletter

17 February 2020

austria

D.Hofmarcher A.Pabst

Impacts of the CJEU's e-book decision on the trade with digital goods | Austria

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publication

to the point: technology & digitalisation l January 2020

Welcome to our third edition of Schoenherr's to the point: technology & digitalisation newsletter!

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blog

31 January 2020

austria

S.Khalil

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.

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blog

31 January 2020

austria

T.Kulnigg

New hope for the Austrian start-up scene

The new government promises great things for start-ups and for blockchain users. We have looked into the government's agenda  - here is a brief overview:

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blog

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.

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roadmap

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.

 

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roadmap

cee overview - start-up & venture capital services/technology & digitalisation

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roadmap

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).

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roadmap

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.

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roadmap

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?

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roadmap

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").

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roadmap

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.

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roadmap

Start-ups and venture capital: There is no gift shop at the exit!

In the life cycle of a start-up1, the exit is the final act and beginning of the next cycle.

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newsletter

Article 15(3) of GDPR and right to access files or documents – an Austrian perspective

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press release

12 December 2019

austria

C.Schmelz

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.

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press release

04 December 2019

austria

P.Madl C.Benes

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.

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press release

02 December 2019

austria

T.Kulnigg M.Ebner

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.

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blog

02 December 2019

austria vienna

U.Rath

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").

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blog

02 December 2019

austria vienna

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.

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blog

02 December 2019

austria vienna

C.Haid

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:

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blog

02 December 2019

austria vienna

Golden Rules for IT Procurement

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blog

02 December 2019

hungary

Hungary removes restrictions on selfie-based KYC in financial services

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newsletter

02 December 2019

austria

V.Stark M.Pressler

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.

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press release

28 November 2019

czech republic

V.Čížek

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.

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publication

to the point: technology & digitalisation l December 2019

Welcome to our second edition of Schoenherr's to the point: technology & digitalisation newsletter!

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press release

25 November 2019

austria

T.Kulnigg

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.

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newsletter

19 November 2019

austria

New rules for Digital Content & Sale of Goods 5/5

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press release

15 November 2019

austria

T.Kulnigg

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.

 

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media coverage

08 November 2019

austria

T.Kulnigg

Erste GmbH-Gründung über die Kamera

First published on Der Standard, 6.11.2019

Eine Gesellschaft kann in Österreich nun ohne physische Anwesenheit gegründet werden

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media coverage

08 November 2019

austria

G.Stangl

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.

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publication

04 November 2019

serbia

B.Rajić M.Mihaljčić

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.

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publication

04 November 2019

montenegro

J.Barović L.Veljović P.Vučinić

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.

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blog

04 November 2019

austria vienna

T.Kulnigg

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.

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blog

04 November 2019

poland

D.Rutecka

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.

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blog

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:

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newsletter

04 November 2019

austria

M.Pressler

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. 

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