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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

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 A.Nagy

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

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.Ştirbu 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.Ştirbu 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 M.Trautinger

Dashcams – safety versus privacy? The Austrian perspective

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blog

25 November 2020

austria

M.Nutz 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

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

18 November 2020

austria

T.Kulnigg D.Hofmarcher

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

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

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

07 October 2020

austria slovenia

T.Kulnigg V.Kobe

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

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press release

06 October 2020

czech republic

V.Čížek

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 M.Nutz 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!

The starry night sky has been a constant companion of humankind. Although we have no evidence, there can hardly be any doubt that even our earliest ancestors millions of years ago were fascinated by its beauty and vastness.

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publication

to the point: technology & digitalisation l August 2020

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newsletter

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

09 July 2020

austria

C.Haid S.Khalil

Automotive: Go-ahead for level 3 Lane Keeping System

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blog

30 June 2020

austria

M.Woller M.Hornyik

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

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

28 May 2020

czech republic

R.Bicek

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.Chakarova

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

W.Tichy S.Aydin

Austria: E-Commerce als Rettungsanker in der Krise

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blog

10 April 2020

austria vienna

T.Kulnigg

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

31 March 2020

croatia

G.Grancarić*

Croatia stepped into the regulation of virtual currency business

Croatia stepped into the regulation of virtual currency business

Legal basis

The new Croatian Anti-Money Laundering Act (OG no. 39/2019; "Cro-AMLA") implemented the 5th EU Anti-Money Laundering Directive. As of 1. January 2020 Cor-AMLA sets forth the new requirements to service providers with respect to virtual currencies.

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blog

30 March 2020

austria vienna

S.Khalil

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

30 March 2020

austria vienna

V.Wolfbauer

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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newsletter

26 March 2020

austria

M.Lindtner

Cyberattacks in the coronavirus crisis: A guide to decreasing risk

It's hard to believe, but some cybercriminals are trying to take advantage of the coronavirus crisis.

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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

S.Aydin 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

E.Bajáková

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

V.Săndulescu

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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blog

25 February 2020

austria vienna

M.Nutz

Vienna "Culture Tokens"

The most liveable city in 20191, Vienna provides incentives for more environmentally friendly mobility by using a motion-tracking and blockchain technology2 based app. The culture-tokens can be traded in for culture services (i.e. free entrance into certain cultural institutions). The pilot project so far includes four cultural institutions in Vienna and will be rolled out for a six-month test period beginning on 26 February 2020. It is planned for the app to go into full operation this autumn.

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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 M.Nutz

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

31 January 2020

austria

V.Wolfbauer M.Trautinger

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 vienna

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 vienna

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

S.Aydin

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

M.Lindtner

Cybercrime and Protection Under Criminal Law

The latest criminal statistics of the Austrian Interior Ministry show a strong growth of cybercrime: In the first half of 2019, the Austrian police recorded over 13,000 cybercrime offences, compared to around 8,700 in the same period last year. Combating cybercrime is therefore becoming more and more relevant, in particular for companies to protect their business secrets.

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blog

02 December 2019

austria vienna

W.Tichy

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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newsletter

28 November 2019

austria

M.Nutz

Esports: legal challenges and taxation in Austria

Electronic sports (esports) are booming, despite the fact that videogames have existed now for more than 30 years.

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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 vienna

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

W.Tichy S.Aydin

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

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press release

15 November 2019

austria vienna

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.

more
publication

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 M.Nutz

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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publication

to the point: technology & digitalisation l November 2019

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

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newsletter

31 October 2019

austria

W.Tichy S.Aydin

New rules for Digital Content & Sale of Goods 4/5

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press release

Schoenherr digitally founds LLC for the first time in Austria

Am 8. Oktober 2019 haben Schönherr Rechtsanwälte GmbH und die Notare MMag. Dr. Philipp Nierlich LL.M. und Dr. Christoph Pfaffenberger vom Notariat NHP - Notare Huppmann, Poindl, Pfaffenberger, Nierlich erstmals in Österreich eine GmbH auf digitalem Weg gegründet.

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newsletter

16 October 2019

austria

W.Tichy S.Aydin

New rules for Digital Content & Sale of Goods 3/5

e-commerce
(legal insight 3 in a series of 5)

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publication

16 October 2019

austria

A.Lopatka

Zivile Drohnen - ist Österreich auf die EU-Vollharmonisierung vorbereitet

Drohnen werden zunehmend häufig und vielseitig im Luftraum operiert. Der Unionsgesetzgeber hat auf den EU-Harmonisierungsbedarf für zivile unbemannte Luftfahrzeuge mit der VO (EU) 2018/1139 reagiert. In Zusammenschau mit deren tertiärrechtlichen Ausführungen muss das österr Luftfahrtrecht ab 1. 7. 2020 mit den unionsrechtlichen Anforderungen für die drei neuen uLFZ-Kategorien übereinstimmen. Eine umfassende Luftfahrtgesetz-Nov scheint unausweichlich.

Der vollständige Artikel ist hier zu finden.

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newsletter

02 October 2019

austria

W.Tichy S.Aydin

New rules for Digital Content & Sale of Goods 2/5

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newsletter

18 September 2019

austria

W.Tichy S.Aydin

New rules for Digital Content & Sale of Goods 1/5

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blog

FinTech 2019 in Austria

Financial technologies, or FinTechs, are rapidly changing the finance/banking sectors, and sometimes even shift whole markets online, and make it possible to deal, invest or lend money without ever needing to deal with a traditional bank.

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newsletter

12 September 2019

poland

P.Kapica A.Stawiarska

An innovative solution for start-ups - Poland

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press release

12 September 2019

czech republic

V.Čížek

Schoenherr advises Spanish manufacturer Torrot on delivery of electric scooters and related technology to ŠKODA AUTO DigiLab

Schoenherr Prague advised Spanish manufacturer Torrot Electric Europa, S.A. ("Torrot") on the delivery of complex technology solutions for scooter sharing (including also electric scooters, advanced IT technologies and IT services) to ŠKODA AUTO DigiLab s.r.o. ("ŠKODA AUTO DigiLab"), which will use them for its new e-scooter sharing service BeRider in Prague. 

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blog

Serbia catches up with the GDPR

1. New Data Protection Law adopted and applicable

After a public hearing that lasted more than a year, the National Assembly of the Republic of Serbia adopted the new Data Protection Law (the "Law") on 9 November 2018. The Law is applicable as of 21 August 2019. The provisions of the Law itself have been modelled on, and largely comply with the provisions of the GDPR, as part of the wider process of harmonising the national law of Serbia with EU law, which was one of the main reasons for the adoption of the new Law. Besides many novelties, the new Law elaborates on certain procedures, rights, obligations and competences.

Some of the most important novelties follow.

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newsletter

06 September 2019

hungary

A.Turi M.Kovács

By cash or card? HCA releases findings of sector inquiry into bank card acceptance market

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blog

EU-Finanz-Anpassungsgesetz 2019 │ New Challenges ahead for the virtual currency business

On 11 July 2019 the Austrian parliament adopted the EU-Finanz-Anpassungsgesetz 2019 ("EU-FinAnpG 2019") which implements the 5th EU Anti-Money Laundering Directive ("5th AML Directive") into Austrian law and introduces a number of amendments to Austrian laws relevant to the financial market.

In order to implement the 5th AML Directive, amendments to the Austrian Financial Markets–Money Laundering Act ("FM-GwG"), the Beneficial Owner Register Act (WiEReG) and the Act on Gaming (Glückspielgesetz), are necessary. These amendments include changes which will have a significant impact on business with virtual currencies.

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press release

26 July 2019

austria

T.Kulnigg

Austria: Schoenherr advises SynerGIS on the sale of its GIS and FM software development business to AED-SICAD

Schoenherr has advised the shareholders of the Synergis Informationssysteme GmbH ("SynerGIS") on the sale of its GIS (geographic information systems) and FM (facility management) software development business to AED-SICAD GmbH ("AED-SICAD").

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newsletter

25 July 2019

austria

C.Haid M.Lindtner

Cyber-attacks and business secrets - Protection under criminal law

Business secrets are essential assets of companies, and are often the reason for a company having a competitive lead in a market. Thus, they constantly seek to develop new technologies, algorithms or software to create such intangible assets.

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publication

19 July 2019

austria

T.Kulnigg

Crowdfunding und Crowdinvesting

Finanzierung für Start-ups und KMU

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newsletter

15 July 2019

austria

C.Grassinger

Digital Services Tax proposed

In early April 2019, the Austrian Federal Government published a draft of the Digital Tax Act 2020 which is currently under review.

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blog

Schrems II.: the doom of Privacy Shield and Standard Contractual Clauses?

Read the Czech version below.

There are two fundamental legal mechanisms stipulated in the EU law for the transfer of personal data outside European Economic Area (EEA): Standard Contractual Clauses (SCCs) and Privacy Shield. Both of them are widely used in practice because they allow corporations within the EEA to legitimise the transfer of personal data beyond the borders of EEA. However, each of them behaves differently. SCCs are essentially contracts between (at least) two parties and a Privacy Shield on the other hand is an agreement between the United States Department of Commerce and the European Union, which regulates the transatlantic data transfers.

The Court of Justice of the European Union (CJEU) is prepared to hear a case challenging the validity of both of the above-mentioned transfer instruments. The case stems from a dispute between Max Schrems and Facebook dating back to 2013. Max Schrems is an Austrian lawyer and determined advocate for data protection. His focuses on the flow of (EU) personal data from US corporations to U.S. intelligence agencies. In 2017, Schrems set up a non-profit organisation NYOB1 with the aim to help citizens defend themselves against allegedly “omnipresent” technological corporations.

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publication

Praxishandbuch Cloud Computing

Der Trend Cloud Computing ist längst in der Praxis angekommen und der Markt wächst. 

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newsletter

19 June 2019

austria

C.Schmelz A.Lopatka

Does Austrian aviation law comply with the new EU rules for drones?

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media coverage

18 June 2019

romania

T.Kulnigg M.Neagu

BR’s Start-ups vs. Scale-ups | Business Review has teamed up with Schoenherr to offer start-up and scale-up communities legal and funding advice

First published on Business Review, 14.06.2019

Business Review has teamed up with Schoenherr to offer start-up and scale-up communities legal and funding advice, as well as success stories from local entrepreneurs, so that they can reach their business goals. 

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newsletter

13 June 2019

austria

V.Wolfbauer

Genome Editing - CRISPR/Cas9

The CRISPR method

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press release

Czech Republic: Schoenherr advises PORTIVA Private Equity a.s. on the acquisition of a 50% share in EAG SE

Schoenherr Czech Republic advised PORTIVA Private Equity a.s. ("PORTIVA") on the acquisition of a 50% share in EAG SE ("EAG"), which through its subsidiary CARVAGOCOM s.r.o. will operate an innovative platform to be used for buying, selling and renting of cars and other related services.

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media coverage

23 May 2019

austria

G.Leissler

Behörde, Gericht – oder beides?

First published on Der Standard, 22.05.2019

Erlaubt die DSGVO, Datenschutzbehörde und Gericht parallel anzurufen? Das würde dem Verfassungsprinzip der Gewaltentrennung widersprechen.

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blog

Cybersecurity NIS Directive in Austria

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publication

15 May 2019

austria

G.Leissler

Glücksspielgesetz-Novelle 2019: Bedarf zur Regulierung von Lootboxen?

"Lootboxen" und Glücksspiel - eine heftig diskutierte Kombination. Mit dem steigenden Verbreitungsgrad von Lootboxen gerät die Frage vermehrt in den Fokus, ob Lootboxen Gemeinsamkeiten mit dem Glücksspiel aufweisen und damit reguliert gehören.

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press release

Tech Night @ Schönherr: Fintech-Kooperationen sind die Zukunft der Banken

Am 8. Mai fand die erste Technology Night @ Schönherr statt. Der Abend hielt für interessierte Zuhörer Keynotes und Panel-Diskussionen zu trending Tech-Themen bereit.

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publication

13 May 2019

slovenia

The International Comparative Legal Guide to: Fintech 2019

The International Comparative Legal Guides provide current and practical comparative legal information on a range of practice areas, following a Q&A format to ensure thorough coverage of each topic within different legal systems worldwide.

Chapter Slovenia

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blog

E-Commerce Compliance

The legally correct implementation of an e-commerce presence is becoming increasingly complex and affects every webshop operator. 

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blog

Can flying photo drones be shot down?

In Germany, a neighbor used a rifle and shot down a drone flying over his garden. The owner of the drone filed a complaint for damage to property and demanded compensation. The neighbor argued in the proceedings that his personal rights were at risk of being violated because he assumed that the drone was taking photos while over his property and relied on the legal principle of "self-help" (Selbsthilfe).

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blog

A glimpse into the future of AI regulation

Challenges and opportunities for organisations developing, deploying and using AI

On 8 April 2019, the High-Level Expert Group on Artificial Intelligence – a supportive body to the European Commission – launched their "Ethics Guidelines for Trustworthy AI". Based on four questions, the following text deals with the context and content of this guideline, deducing the possible next steps for AI practitioners towards the achievement of Trustworthy AI.

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newsletter

23 April 2019

austria

M.Lindtner

Liking, Sharing and Posting: Legal Responsibility and Social Media

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newsletter

09 April 2019

austria

W.Tichy S.Aydin

Austria: What does "limited space" mean under the Act on Distance Contracts and Off-Premises Contracts?

Directive 2011/83/EU of 25 October 2011 on consumer rights (the "Directive") and the Fern- und Auswärtsgeschäfte-Gesetz (the "FAGG") impose many information obligations on traders before the consumer is bound by a distance or off-premises contract, or any corresponding offer.

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blog

Taxi drone EHang 216 takes off in Austria

As reported by ORF and CNBC, the taxi drone EHang 216 conducted its first demonstration flight in Vienna on 4 April 2019. EHang 216 is an autonomous aerial vehicle that can seat two passengers, reach a speed of up to 160 km/h and has a range of around 70 to 80 kilometres. The vehicle is electrically operated, and efforts are being taken to ensure it is barely audible at a distance of 15 to 20 metres. Thus, the taxi drone sets a remarkable benchmark in terms of air pollution control and aircraft noise.

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blog

The 5G network – From technical requirements to legal challenges

1. The 5G network for Europe

In September 2016, the European Commission invited1 the Member States to develop national 5G strategies as part of their broadband plans. The Austrian Federal Government has set itself the goal of implementing the 5G strategy in three ambitious phases:

Phase 1: By mid-2018, preliminary commercial 5G tests were to be implemented.

Phase 2: By the end of 2020, the Federal Government set its interim goal of achieving almost nationwide availability of ultrafast broadband connections.

Phase 3: By the end of 2023, 5G services will be available on the main traffic connections, and by the end of 2025, the goal of almost nationwide availability of 5G will be achieved.

At the beginning of March 2019, the competent supervisory authority (RTR) conducted the procurement procedure for the 5G "pioneer band" auction. The three major Austrian mobile operators (A1, T-Mobile and Drei) acquired licences for the frequencies in all 12 regions put to tender. Based on these frequencies, one of the companies has already commissioned the first 5G mobile stations in some selected Austrian regions.

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media coverage

08 April 2019

austria

C.Benes T.Kulnigg

Real Estate auf der Blockchain

First published on forbes.at, 08.04.2019

Wie verändert die Blockchain die Immobilienwirtschaft? Ein Gastkommentar von Thomas Kulnigg und Constantin Benes.

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blog

Austrian public enterprises join forces to accelerate 5G expansion

On 26 March 2019, the Austrian mobile operator T-Mobile commissioned the first 25 5G mobile stations in 17 selected Austrian municipalities, predominantly in rural areas. According to the Chancellor of Austria, the start of 5G marks a milestone in the country's economic competitiveness and technological progress.

However, further steps need to be taken to achieve almost nationwide availability of 5G by the end of 2023 as laid down in the Federal Government's 5G strategy paper.

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newsletter

29 March 2019

austria

C.Jirak

Austria: Electric vehicles exempt from emissions-reducing speed limits

The transport sector is especially important for reducing worldwide greenhouse gas emissions and air pollutants. This is also the case in Austria.

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newsletter

26 March 2019

czech republic

C.Bock

Czech Republic: Competition office fines Booking.com €0.33 million

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blog

Austrian DPA case law since 25 May 2018 (excerpt)

Introductory remarks:
  • So far, the Austrian Data Protection Authority ("DPA") did not impose significant fines under the GDPR
  • The majority of its decisions had been remediation orders
  • This excerpt of the DPA's decisions under the GDPR forms a summary per March 2019 of its in our view most relevant decisions
  • Despite some of those decisions had been contested and appellate proceedings are still pending this excerpt shall give an impression of the DPA's views and considerations under the GDPR
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blog

Austria paves the legal way for (partly) autonomous vehicles

Imagine your car would drive you instead of you driving your car. This marvel has become partly a reality, as a law entered into force on 11 March 2019 allowing autonomous driving on Austrian highways. In addition, an amendment to the regulation for autonomous driving (Automatisiertes Fahren Verordnung – AutomatFahrV) by the Ministry of Traffic, Innovation and Technology broadly permits autonomous parking of vehicles.

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media coverage

19 March 2019

austria

D.Hofmarcher

Urheberrecht: Dissonante Harmonisierung

Geplante EU-Richtlinie lässt nur vage und unscharfe Vorgaben für Mitgliedstaaten erwarten.

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newsletter

04 March 2019

austria

M.Woller D.Hofmarcher

Influencer Marketing – Austrian Advertising Council Adopts Specific Rules

The Austrian Advertising Council (Österreichischer Werberat) is the self-regulating body of the Austrian advertising industry.

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newsletter

25 February 2019

austria

W.Tichy S.Aydin

Austria: Proposal of the European Parliament and of the Council for a regulation on promoting fairness and transparency for business users of online intermediation services

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newsletter

20 February 2019

romania

M.Neagu

Romania: Enforceability of drag-along mechanism for limited liability companies

Of the five types of corporation that may be established under Romanian law, joint stock and limited liability companies continue to be the most common.

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blog

Combining Blockchain and AI to make Smart Contracts Smarter

Blockchain and Artificial Intelligence (AI) are the new giants in technology and two of the hottest topics at the moment. The two technologies are typically considered for separate applications but there is a link: data.

AI allows processing of big data, whereas Blockchain offers security, immutability and decentralised data storage. It makes sense to combine the two technologies to make "Smart Contracts smarter" and to potentially also be a driver of the fourth industrial revolution: Data owners might be able to control their data again by choosing which AI provider to share their data with. Data marketplaces might also be possible, boosting AI applications when combined with Blockchain technology.

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press release

06 February 2019

austria

T.Kulnigg

Austria/CEE: Schoenherr sharpens focus on technology & digitalisation matters

Schoenherr is sharpening its focus on technology & digitalisation matters by establishing a dedicated, firm-wide technology & digitalisation group.

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blog

01 February 2019

austria

T.Kulnigg M.Nutz

What is Blockchain?

Blockchain1 or Distributed Ledger Technology has become a trending topic especially in the light of cryptocurrencies, smart contracts, ICOs and other areas in the context of digitisation, which are based on this technology. This technology and the (alleged) possibility to digitalise any kind of assets or create bullet-proof sets of data has the potential to revolutionise certain industries. It is therefore essential to understand blockchain technology in order not to fall behind. The following is a brief introduction to the technology, its variants, advantages and possible applications.

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roadmap

Legal tech in m&a – man vs machine?

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roadmap

Cybersecurity

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roadmap

Digitisation, administration and transfer of registered shares of an unlisted AG on the blockchain

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roadmap

Machine learning algorithms – is a change in approach to civil liability assessment required?

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roadmap

The Polish Act on Cybersecurity – initial remarks

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roadmap

Smart contracts: Too smart for Austrian civil law?

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newsletter

18 January 2019

hungary

Hungary: Digital consumer protection – Black Friday success turns sour for major online marketplace

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roadmap

2019

turkey

The effects of digitalisation on Turkish corporate law

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press release

17 January 2019

austria

T.Kulnigg

Austria: Schoenherr advises Israeli company Playtika on acquisition of Austrian Mobile Games Developer Supertreat

Schoenherr has advised Playtika Ltd. on the acquisition of Supertreat GmbH, the developer of the mobile game "Solitaire – Grand Harvest" ("Solitare – Goldene Ernte"). 

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roadmap

2019

austria

Telemedicine – A trend in the fast lane

The health care sector continues to see competition from traditional and non-traditional industry participants. At the same time, patients want continuously available, affordable and better health care and increasingly view medical treatment like any other (professional) service. Patients therefore are demanding cost-efficiency, high quality, ease of access and 24/7 availability.

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roadmap

Cryptocurrency in Romania. A go or a no-go?

In Romania, authorities are yet to create the legal framework that would regulate the taxation of activities related to cryptocurrency. This legislative gap leaves plenty of room for tax avoidance, as even the most well-intentioned taxpayers lack the tools to understand what taxes they need to pay in relation to their cryptocurrency trading.

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roadmap

Tax intermediaries to disclose potentially aggressive tax arrangements to tax authorities

On 25 May 2018, the Council adopted a directive forcing tax intermediaries or taxpayers to report aggressive cross-border tax planning schemes to the tax authorities, which may exchange such information with other tax authorities within the EU. The Directive is to be implemented by 31 December 2019 and is applicable from 1 January 2020.

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press release

07 January 2019

czech republic

V.Čížek

Czech Republic: Schoenherr advises Finnish company Caverion on the disposal of its Czech subsidiary to a company in the ČEZ Group

Schoenherr Czech Republic advised Finnish company Caverion Emerging Markets Oy ("Caverion") on the disposal of its Czech subsidiary Caverion Česká Republika s.r.o. to KART spol. s r.o., a member of the ČEZ Group.

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roadmap

2019

romania

Data Processing Agreements – allocation of liability between parties

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newsletter

12 December 2018

romania

D.Iàcona

Romania: Cybersecurity - call for action for major companies in critical sectors

The first piece of EU-wide legislation on cybersecurity is expected to be transposed into Romanian law anytime now, bringing into play enhanced system security obligations for major companies in certain sectors, as well as fines of up to 5 % of non-compliant companies' turnover.

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newsletter

14 November 2018

austria

A.Natterer

Healthcare Update - Mastering New Trends: Teleradiology* - Austria

Technology and innovation are key drivers of advancement in a variety of industries, and certainly in healthcare. The level of patient care can be improved considerably with the right mix of traditional and innovative treatments and solutions. Nevertheless, there are regulatory challenges to overcome.

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press release

Launch of Legal Tech Hub Vienna

The law firms Dorda, Eisenberger & Herzog, Herbst Kinsky, PHH, Schoenherr, SCWP Schindhelm and Wolf Theiss, today launched the Legal Tech Hub Vienna (LTH Vienna). 

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publication

18 September 2018

austria

U.Rath T.Kulnigg

Global Legal Insights to: Blockchain & Cryptocurrency Regulation 2019 - Chapter Austria

The Global Legal Insights series provides essential insights into the current legal issues, providing readers with expert analysis of legal, economic and policy developments through the eyes of the world's leaders.

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newsletter

07 September 2018

austria

A.Natterer T.Kulnigg

Austria: Let them eat space cake

As of tomorrow, the traditional Austrian bakery Aida, which is known for its staff dressed in baby pink, will sell brownies containing CBD. The price will be EUR 4.20 – an inside joke, since "four-twenty" is code for the consumption of cannabis. 

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press release

Austria: Schoenherr advises crowdinvesting company CONDA on first-ever digitalisation of shares via blockchain in Austria

Schoenherr and CONDA AG ("CONDA") have succeeded in digitalising the shares of the joint stock company and enabled registered shares to be managed via blockchain technology. 

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newsletter

European Union: Your Web Doctor will see you now - software as a medical device

Patients nowadays have access to an enormous range of medical knowledge through social media, websites and health apps (in combination with wearables). The latter have become increasingly popular in recent years because of their ability to monitor in real time pulse, blood pressure, blood glucose levels and other parameters.

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newsletter

04 July 2018

hungary

A.Turi M.Kovács

Hungary: Influencers have been targeted by the HCA, but what about buying followers?

more
publication

Ein sommerliches Gespräch über Marketingstrategien und deren rechtliches Korsett

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newsletter

13 June 2018

austria

D.Hofmarcher

Beware: not only 25 May but also 9 June has passed

It seems not only companies but also many Member States were so busy preparing for the GDPR that they lost sight of the Trade Secrets Directive that should have been transposed into national laws by 9 June. That's regrettable, because it is important legislation between "privacy", unfair competition and IP, establishing a modern and for the first time EU-wide regime for the protection of trade secrets.

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newsletter

30 May 2018

austria

T.Kulnigg

Cybersecurity: Why it matters in M&A Transactions

At a time when we are all dependent on our IT systems and when digital assets are of central importance, cybersecurity is one of the most critical aspects to protect our businesses, know-how and data from being stolen, disclosed, deleted and/or manipulated.

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newsletter

29 May 2018

austria

C.Grassinger

Austria: Are you still buying or already mining? Mining cryptocurrencies as a permanent establishment

The taxation of cryptocurrency transactions is a hot topic. The Austrian Ministry of Finance recently issued an interesting ruling outlining when mining for cryptocurrencies in Austria by a non-resident taxpayer may trigger a permanent establishment.

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publication

Austria: Two Years Of Online Sales Of Medicinal Products In Austria

Austrian legislators have been reluctant – if not outright hostile – to permit any kind of online sale of medicinal products within the country. It has been just over two years since Austrian pharmacies were finally granted the right to sell medicinal products to consumers.

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newsletter

Austria: News from the crypto-world

Periodically Schoenherr will keep the crypto-community up-to-date with dedicated newsletters focusing on issues relating to initial coin offering (ICOs), initial token offerings (ITO) and Blockchain.

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newsletter

25 February 2018

austria

G.Leissler M.Woller W.Tichy

Österreich: Selbstlernende Systeme: Wem gehört’s – wer hat Schuld?

Die rasante technologische Entwicklung bis hin zu den sich selbst weiterentwickelnden Systemen künstlicher Intelligenz verlangt nach neuen juristischen Denkansätzen.

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press release

AT/CZ: Schoenherr strengthens teams in Vienna and Prague with two new contract partner promotions

Schoenherr is announcing the promotion of Austria IP lawyer Michael Woller and Czech corporate/M&A expert Vladimír Čížek to contract partner. 

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press release

Schönherr ernennt IP-Experten Michael Woller zum Contract Partner

Mit Beginn des neuen Geschäftsjahres steigt Michael Woller (35) zum Contract Partner bei Schönherr auf.

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publication

18 January 2018

austria

D.Hofmarcher

Geschäftsgeheimnisschutz heute und morgen - Zwischen Immaterialgüterrecht und Marktverhaltensregeln

Obwohl vertrauliches Know-how und Geschäftsgeheimnisse für Unternehmen eine genauso wichtige Rolle wie Patente und andere Rechte des geistigen Eigentums spielen, (FN 1) wird deren Schutz im nationalen Recht - materiell wie prozessual - bisher eher stiefmütterlich behandelt. Die bis 8. 6. 2018 umzusetzende GeschäftsgeheimnisRL (FN 2) ("RL") bietet nun die Chance, den Geheimnisschutz auf ein neues Fundament zu stellen.

Der vollständige Artikel ist hier zu finden.

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roadmap

Claim for restitution of machine-generated data

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newsletter

11 January 2018

bulgaria

G.Petkova

Bulgaria: Commission fines Laptop.BG for video blog content

The Commission for the Protection of Competition fined Laptop.BG Lev47,265 (approximately €24,160) for unfair practices in the form of contradicting genuine practices. The penalty represents 0.5% of the net income of Laptop.BG sales.

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newsletter

14 December 2017

austria

C.Jirak

Automated driving: positive climate impact and recent efforts

The Paris Agreement sets the ambitious goal of achieving net zero greenhouse gas emissions in the second half of the 21st century. Therefore, worldwide traffic and transport must change. Despite these objectives, people tend to overlook the fact that automated driving is not only innovative and comfortable, but may also have an important impact on reducing greenhouse gas emissions in future.

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newsletter

12 October 2017

poland

P.Kułak

Competition authority adopts new approach to gathering electronic evidence during dawn raids

The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection.

more
publication

Every IPR starts with a secret

The impact on the new European Trade Secrets Directive on trademark strategy.

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newsletter

24 March 2017

bulgaria

G.Petkova

Bulgaria: Competition and antitrust in the digital age

What impact has the rapidly changing digital market had on competition in your jurisdiction, and how have legislators and competition authorities responded?

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press release

Austria: Schoenherr advises UNIQA on upgrading its business processes and IT infrastructure

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publication

02 January 2017

austria

D.Hofmarcher

Internet of Things - Wenn (Gebrauchs-)Gegenstände werben

Kurz vor Weihnachten haben der europäische Verbraucherverband (BEUC) und auch der VKI vor "My friend Cayla", einer mit dem Internet verbundenen sprechenden Puppe, gewarnt. (FN 1) Neben der unsicheren Bluetooth-Verbindung wurde va auch die Tendenz zur (Schleich-)Werbung beanstandet.

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