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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!

publication

to the point: technology & digitalisation l November 2023

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

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event

20 November 2023 - 24 November 2023

serbia

M.Vlajković A.Radonjanin

Data Science Conference Europe

22 November | AI, IP, synthetic data

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publication

to the point: technology & digitalisation l October 2023

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

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publication

Global Legal Insights - Blockchain & Cryptocurrency Regulation 2024

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event

12 October 2023 - 08 December 2023

A.Radonjanin M.Vlajković

AI master class

October-December 2023 | Serbia

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publication

to the point: technology & digitalisation l September 2023

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

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event

Finding the perfect blend of legal service and (AI-powered) legal tech

25 October 2023 | Bucharest

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newsletter

27 September 2023

austria

F.Terharen

(Even) Stronger enforcement of the GDPR?

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newsletter

27 September 2023

serbia

M.Vlajković

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.

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blog

27 September 2023

serbia

M.Vlajković

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.

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press release

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.

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event

21 September 2023 - 22 September 2023

romania

S.Guţiu A.Doytchinova

IBA CEE Conference – The Future of Legal Management

22 September 2023 | Intercontinental Athénée Palace, Bucharest

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newsletter

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.

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publication

to the point: technology & digitalisation l June 2023

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blog

27 June 2023

austria

V.Wolfbauer

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:

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publication

CZ: Schoenherr Journal Edition 14

The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.

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press release

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.

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publication

to the point: technology & digitalisation l May 2023

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publication

to the point: technology & digitalisation l April 2023

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newsletter

25 April 2023

M.Pressler M.Nusser

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").

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newsletter

17 April 2023

serbia

M.Vlajković

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.  

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publication

to the point: technology & digitalisation l March 2023

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blog

30 March 2023

austria

A.Pabst

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.

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blog

30 March 2023

serbia

M.Vlajković

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.

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blog

30 March 2023

serbia

M.Vlajković

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.

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blog

28 February 2023

romania

M.Neagu

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.

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publication

KI - Künstlerische Intelligenz?

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publication

16 February 2023

austria

V.Wolfbauer

Bad Robot - wer ist verantwortlich, wenn KI versagt?

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roadmap

MiCA: A new era in crypto regulation

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roadmap

Navigating crypto arbitration

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roadmap

Digital execution of venture capital transactions

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roadmap

Cybersecurity in M&A transactions: common representations & warranties

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roadmap

Three steps to stay ahead of ever-evolving antitrust regulations in digital markets

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roadmap

Navigating the rough waters of corporate digitalisation in Montenegro

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roadmap

Knowledge management 2.0: The link between AI and KM

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roadmap

"Mergers in Winter": Ethereum as eco-friendly blockchain

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roadmap

The pending digitalisation of Montenegrin construction law

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roadmap

Digitalisation in insolvency proceedings

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roadmap

NFTs in crisis and insolvency

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Digital tools that will improve the operation and security of Polish companies

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roadmap

A hitchhiker's guide through platform liability

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publication

to the point: technology & digitalisation l January 2023

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blog

30 January 2023

romania

M.Neagu

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.

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press release

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.

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newsletter

05 January 2023

austria

F.Schneider

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").

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publication

to the point: technology & digitalisation l December 2022

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blog

23 December 2022

romania

M.Neagu

New crowdfunding regulations in Romania

Despite a turbulent year for Central and Eastern Europe and the region's proximity to the Ukraine warzone, last year CEE was one of the most efficient creators of value in Europe...

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publication

23 December 2022

czech republic

Schoenherr Czech Republic

CZ: Schoenherr Journal Edition 13

The Schoenherr Journal, published by Schoenherr's Prague office, examines the latest important legal developments in the Czech Republic.

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press release

16 December 2022

austria

T.Kulnigg

Austria: Schoenherr advises Findologic's shareholders on exit to Nosto

Schoenherr advised the shareholders of Austrian software provider Findologic on their exit to the Finnish commerce experience platform Nosto.

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newsletter

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".

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publication

Global Legal Insights - Blockchain & Cryptocurrency Regulation 2023

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publication

to the point: technology & digitalisation l October 2022

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publication

to the point: technology & digitalisation l September 2022

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newsletter

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?

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publication

21 September 2022

austria

V.Wolfbauer M.Woller

Omnibus? MoRUG I & II? And what's in it for me?

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newsletter

01 September 2022

moldova

Moldova: New Law on E-Signature

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press release

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.

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publication

Datenverarbeitung im Zeitalter des Metaverse

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newsletter

EU: Commission Proposal to implement the FATF Travel Rule: Speed bumps ahead for crypto-asset transfers?

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newsletter

EU: Jump on board the Omnibus (Directive)

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publication

to the point: technology & digitalisation l June 2022

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newsletter

30 June 2022

poland

D.Rutecka

Controversial Article 17 in Polish case C-401/19

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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

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

03 March 2022

G.Leissler V.Wolfbauer

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

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

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

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

"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

25 November 2021

austria

P.Konwitschka

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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press release

Bulgaria: Schoenherr advises Sendinblue on acquisition of Metrilo

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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

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

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

05 August 2021

austria

V.Wolfbauer

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

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.

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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

21 June 2021

austria

V.Wolfbauer

Der Modus operandi bei NFTs und die Crux mit dem Modus

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publication

21 June 2021

austria vienna

C.Benes

Echte und fiktive Immobilien auf der Blockchain

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publication

NFT – Eine urheberrechtliche Betrachtung

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publication

21 June 2021

austria vienna

T.Kulnigg D.Tyrybon

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

02 June 2021

austria

V.Wolfbauer

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

27 November 2020

austria

V.Wolfbauer

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

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

Starry, starry night – don't go astray!

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