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29 November 2023
A.Radonjanin N.Kerschbaumer D.Tyrybon V.Demschik V.Wolfbauer D.Rutecka R.Vesenmayer S.Khalil
to the point: technology & digitalisation l November 2023
Welcome to the November edition of Schoenherr's to the point: technology & digitalisation newsletter!
31 October 2023
R.Vesenmayer N.Kerschbaumer D.Tyrybon M.Schmiedinger C.Pretscher M.Vlajković T.Veronesi M.Pressler D.Rutecka
to the point: technology & digitalisation l October 2023
Welcome to the October edition of Schoenherr's to the point: technology & digitalisation newsletter!
28 September 2023
A.Hirsch N.Kerschbaumer D.Tyrybon V.Wolfbauer F.Terharen M.Vlajković D.Rutecka
to the point: technology & digitalisation l September 2023
Welcome to the September edition of Schoenherr's to the point: technology & digitalisation newsletter!
Finding the perfect blend of legal service and (AI-powered) legal tech
25 October 2023 | Bucharest
Bridging the gap between Serbian regulations and the GDPR: Serbia's Data Protection Strategy unveiled
In late August 2023, at the initiative of Serbia's Data Protection Commissioner (the "Commissioner"), the Government of Serbia adopted the Data Protection Strategy for the 2023-2030 period (the "Strategy"). The previous strategic document in this field was adopted in 2010 and did not make the anticipated impact, as neither the action plan nor the working group for its enforcement were established. As vast technological changes and increase in data processing happened in the meantime, the latest Strategy intends to pave the way to future changes of data protection regulation in Serbia by providing goals and mechanisms for their implementation. The most relevant goals and mechanisms are outlined below.
The EU Digital Services Act: 19 designated online platforms have completed their last-minute compliance preparations, Serbia is just looking over its shoulder
While most provisions of the EU Digital Services Act ("DSA") will not begin to apply until February 2024, the EU Commission has nevertheless designated 19 "very large online platforms" and "very large search engines" – so-called gatekeepers – for which the strictest rules under the DSA took effect on 25 August this year.
Austria: Schoenherr advises Thoma Bravo portfolio company J.D. Power on acquisition of Autovista Group
Schoenherr advised, alongside lead counsel Kirkland & Ellis, London, Thoma Bravo's portfolio company J.D. Power, a global leader in data analytics, on the acquisition of the leading pan-European and Australian automotive data, analytics and industry insights provider Autovista Group.
IBA CEE Conference – The Future of Legal Management
22 September 2023 | Intercontinental Athénée Palace, Bucharest
Third time's the charm? EU-US Data Privacy Framework revamped and reloaded
On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. [1] This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.
EU Parliament Adopts Position on AI Act
In a historic move, the European Parliament (EP) has adopted its position on the Artificial Intelligence (AI) Act with a significant majority, on Wednesday, 14 June. The move initiates interinstitutional negotiations between the European Commission (EC), the European Parliament and the Council of the European Union, intended to finalize the world's first comprehensive regulation of Artificial Intelligence. This draft proposal comprises some significant changes compared to the EC's initial draft. Here's to name some:
27 June 2023
K.Zmatlíková S.Bednář M.Voldánová P.Korál H.Hangler A.Prochazka J.Kupčík N.Rosová M.Svoboda N.Dubská
CZ: Schoenherr Journal Edition 14
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
26 June 2023
T.Kulnigg N.Kerschbaumer M.Czernin C.Haid T.Saufnauer M.Thorbauer C.Rainer V.Wolfbauer T.Waidmann C.Grassinger T.Hayden A.Pabst N.Zafoschnig D.Tyrybon V.Demschik Y.Kraudinger
Austria: Schoenherr advises Audiotonix Group on acquisition of sonible GmbH
Schoenherr advised the Audiotonix Group, a global market leader in the design, engineering and manufacture of professional audio mixing consoles, on the acquisition of sonible GmbH, an Austrian start-up specialised in developing AI-assisted audio plug-ins and 3D audio systems.
28 April 2023
V.Wolfbauer T.Kulnigg N.Kerschbaumer D.Tyrybon D.Rutecka M.Vlajković F.Terharen G.Leissler
to the point: technology & digitalisation l April 2023
MiCAR: Final steps towards the legal framework for crypto-assets
On 20 April 2023 the European Parliament ("EP") finally approved the regulation on markets in crypto-assets ("MiCAR").
Serbia adopts ethics guidelines for artificial intelligence
On 23 March 2023, the Serbian government adopted Ethics Guidelines for the Development, Implementation and Use of Reliable and Responsible AI ("Guidelines"), which may be seen as yet another step in the process of harmonising Serbia's legislative framework with the European Union, following the Proposal for an AI Regulation announced by the EU Commission two years ago. The Guidelines largely rely on UNESCO's Recommendation on the Ethics of AI adopted in 2021, which Serbian representatives also helped create. Since the EU is awaiting its regulatory framework on AI, Serbia took the first step down this road as well.
31 March 2023
T.Kulnigg N.Kerschbaumer D.Tyrybon G.Irsa-Klingspiegl V.Wolfbauer D.Rutecka A.Pabst M.Vlajković A.Hirsch
to the point: technology & digitalisation l March 2023
GPT-4 shows the ever-increasing importance of legal considerations pertaining to AI
Generative AI has made quantum leaps in the last year. Aside from multiple text2 image models there are large language models producing largely accurate and convincing texts in reply to prompts provided by a user. In November last year OpenAI made available the functionality of their vast 175 billion parameter model GPT-3.5, which was fine-tuned to interpret prompts formulated as questions. ChatGPT is a turning point in the public perception of AI, as it provided compelling texts with comparatively high factual accuracy.
North Macedonia: The Data Protection Act and enforcement challenges
After the adoption of the General Data Protection Regulation of the European Union (EU) 2016/679 ("GDPR"), as an obligation based on the Stabilisation and Association Agreement between EU and North Macedonia, a new data protection regime was adopted. Since 2020, the matter of personal data protection in the Republic of North Macedonia is regulated by the new Act on Personal Data Protection (Official Gazette of the Republic of North Macedonia, nos. 42/20, 294/21) ("LPDP"), effective as of 24 February 2020.
Serbia incentivises start-up-ecosystem
To attract investors in the area of innovation technologies, Serbia has adopted a set of subsidies relating to employees' salaries and corporate income taxes. In recent years, the country has set its sights on being one of the largest European hubs for EU and overseas IT companies using talented IT workforce only as an outsourcing service supplier while retaining actual project development in the countries of capital origin. This is seen as an opportunity to motivate foreign IT companies doing business in Serbia not only to shift their operations to Serbia on a larger scale, but to tie IP rights on their tech products to their affiliated Serbian companies.
28 February 2023
N.Kerschbaumer D.Tyrybon M.Czernin T.Kulnigg A.Lengger M.Woller M.Schmiedinger D.Rutecka M.Neagu B.Kapeller-Hirsch T.Veronesi
to the point: technology & digitalisation l February 2023
The Omnibus Directive: key objectives and national implementation
The Omnibus Directive (Directive (EU) 2019/2161), also referred to as the "Enforcement and Modernisation Directive", is aimed at strengthening consumer protection and enhancing enforcement measures as the world gears up for the digital age. Recognising the increased use of online platforms and marketplaces, it encourages Member States to adopt specific measures to maintain a high level of consumer protection, including in these channels.
31 January 2023
T.Kulnigg M.Czernin D.Hofmarcher C.Grassinger S.Khalil M.Neagu M.Nusser M.Pressler D.Rutecka A.Tipotsch V.Wolfbauer
to the point: technology & digitalisation l January 2023
Key legal topics in data centre development and investments
The recent years' sprint towards digitalisation was one of the decisive factors in accelerating the transformation of telecommunications infrastructure. The global markets expect an increase in investments in telecom infrastructure and Romania is no exception.
Austria: Schoenherr advises proptech scale-up GROPYUS on major Austrian scale-up financing round
Schoenherr advised the Vienna-headquartered property technology scale-up GROPYUS on its ongoing Series B financing round led by Vonovia, Europe's largest residential real estate company. The volume of this financing round is at around EUR 100m, bringing GROPYUS' total funding to date to more than EUR 200m.
EU: The end of a dry spell – NIS 2 published
After several delays, the revision of the NIS Directive was published in the Official Journal of the European Union on 27 December 2022 in the form of Directive (EU) 2022/2555 ("NIS 2").
23 December 2022
C.Haid A.Reumann G.Leissler V.Wolfbauer F.Schneider T.Veronesi M.Neagu
to the point: technology & digitalisation l December 2022
CZ: Schoenherr Journal Edition 13
The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.
24 November 2022
D.Tyrybon C.Pretscher T.Kulnigg R.Vesenmayer C.Haid F.Terharen N.Kerschbaumer V.Wolfbauer D.Rutecka D.Hofmarcher M.Vlajković
to the point: technology & digitalisation l November 2022
Bulgaria paves way for innovative businesses with new start-up visa
Country welcomes non-EU investors to boost local start-up ecosystem
After Decree No 318 of 7 October 2022 adopting the Ordinance on the conditions and procedure for issuing, extending and revoking a certificate for a high-tech and/or innovative project (the "Ordinance") was promulgated in issue 82 of the State Gazette of 14 October 2022, Bulgaria joins the almost half of EU countries that issue "start-up visas".
27 October 2022
D.Hofmarcher R.Vesenmayer A.Tipotsch T.Veronesi V.Wolfbauer C.Haid A.Reumann D.Rutecka V.Demschik
to the point: technology & digitalisation l October 2022
30 September 2022
T.Veronesi A.Tipotsch R.Vesenmayer N.Kerschbaumer V.Wolfbauer V.Demschik A.Reumann
to the point: technology & digitalisation l September 2022
NFT licences that "can't be evil": are they any good?
Licences connected to Non-Fungible Tokens (NFTs) are still far from being the norm. As a result, most NFTs still do not convey sufficient or appropriate IP rights to their underlying content. Moreover, they have to deal with practical difficulties inherent to the nature of NFTs. The need for licences tailored to the NFT market is therefore evident.
To overcome the practical difficulties and tackle these issues, publicly available NFT licence systems have emerged. But are they any good?
Bulgaria: Schoenherr advises KKCG and Aricoma Group International on acquisition of Musala Soft
Schoenherr advised the KKCG Group (KKCG) and its portfolio company Aricoma Group International AB (Aricoma) on the acquisition of Musala Soft, a major Bulgarian software company, and its subsidiaries.
EU: Commission Proposal to implement the FATF Travel Rule: Speed bumps ahead for crypto-asset transfers?
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").
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.
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.
23 May 2022
M.Czernin T.Kulnigg T.Veronesi R.Vesenmayer D.Hofmarcher F.Terharen V.Demschik C.Pretscher N.Kerschbaumer
to the point: technology & digitalisation l May 2022
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.
26 April 2022
R.Vesenmayer N.Kerschbaumer C.Pretscher T.Veronesi V.Demschik D.Rutecka V.Wolfbauer M.Czernin M.Schmiedinger
to the point: technology & digitalisation l April 2022
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.
15 March 2022
M.Woller T.Veronesi D.Tyrybon M.Schmiedinger D.Rutecka L.Dočekalová M.Pressler F.Terharen V.Wolfbauer A.Reumann
to the point: technology & digitalisation l March 2022
Wegfall des "Privacy Shield": Kommt jetzt das Aus für "Google Analytics"?
Webinar | Schoenherr Privacy Academy
3. März 2022 | 9.30 - 10.30 Uhr
10 February 2022
V.Wolfbauer T.Kulnigg D.Tyrybon T.Veronesi C.Haid A.Reumann F.Terharen D.Rutecka V.Iurkovski N.Kerschbaumer M.Czernin R.Vesenmayer
to the point: technology & digitalisation l February 2022
03 February 2022
A.Doytchinova S.Pavlova-Kaneva V.Tomov G.Roussinova-Ivanova K.Bozhinova S.Bednář L.Dočekalová H.Hangler
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.
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
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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
16 December 2021
T.Kulnigg D.Tyrybon T.Veronesi C.Haid A.Reumann V.Wolfbauer D.Rutecka N.Kerschbaumer M.Schmiedinger
to the point: technology & digitalisation | December 2021
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
FMA permits automated biometrical customer identification – a game changer for the KYC process?
Cultural Hackathon podcast: NFT – Is it worth it?
The NFT art market is growing and occupying the cultural sector.
19 October 2021
T.Kulnigg G.Leissler V.Wolfbauer J.Böszörményi F.Terharen D.Rutecka D.Tyrybon T.Veronesi M.Czernin M.Pressler
to the point: technology & digitalisation | October 2021
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).
Dissonant Optimism: Mergers and Acquisitions in the Bulgarian Technology Industry
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.
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.
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.
19 July 2021
D.Tyrybon M.Mihaljčić D.Hofmarcher S.Khalil G.Kucsko D.Rutecka A.Tipotsch F.Terharen V.Wolfbauer R.Vesenmayer
to the point: technology & digitalisation | July 2021
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.
NFT art: The most important (legal) questions for artists, buyers in general and museums
Bulgaria: Schoenherr advises Ringier on the acquisition of Sportal Media Group and Digital Ventures
Schoenherr advised Swiss-based media company Ringier on the acquisition of a majority stake in the leading Bulgarian sports news portal – Sportal Media Group – and an affiliated IT company behind the leading international Sports Content Management System, Sportal365 – Digital Ventures OOD.
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!
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?
14 June 2021
S.Khalil C.Cudlik G.Kucsko T.Kulnigg G.Leissler A.Natterer A.Tipotsch F.Terharen D.Tyrybon N.Stepan
to the point: technology & digitalisation | June 2021
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.
Czech Republic / Austria: Schoenherr advises Twisto group on senior and mezzanine debt (re)financings
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.
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:
12 April 2021
C.Haid D.Rutecka T.Kulnigg D.Tyrybon M.Woller A.Tipotsch D.Hofmarcher F.Terharen N.Stepan
to the point: technology & digitalisation | April 2021
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.
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?
Zum rechtskonformen Einsatz moderner Technologien im Beratungsalltag
Anforderungen des Berufsrechts an externe elektronische Datenverarbeitung iZm Cloud Computing
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.
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.
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.
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.
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.
13 January 2021
T.Kulnigg J.Böszörményi C.Haid G.Leissler D.Rutecka F.Schneider 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.
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
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.
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.