cee legislation tracker: hungary

02 September 2020 | newsletters

Status as of 13/07             

Table of Content

Note: recently updated content is highlighted in grey 

1 Financial Support Measures

1.1 Moratorium

 

17/06:

  • The moratorium remains until 12/31

24/3:

  • The moratorium is applicable to (i) employer loans (ii) guarantees, (iii) purchase price instalment and rental fee payment obligations of natural persons who applied for the National Asset Management Program.
  • Unpaid interests and fees cannot be calculated into the capital, i.e. debtors will not repay compound interest).

18/3:

  • Governmental decree on moratorium for all retail and corporate financings
  • Capital, interest and fee payment obligations for all loan, credit and financial leasing agreements have been suspended until 31/12
  • Opt-out: irrespective of the moratorium, debtors may continue performing their contractual obligations if they would like to
  • Contracts expiring during the national emergency will be prolonged until 31/12
  • The governmental decree does not distinguish between domestic and foreign lenders providing financial services. Foreign lenders might be affected as well (irrespective of the law governing their agreement with the borrower), if we were to consider the rationale of the proposed moratorium - eg to act as an economic safeguard.

1.2 Annual percentage rate

24/3:

  • The limitation to the annual percentage rate is applicable until 31/12. After the moratorium, the annual percentage rate is the one announced by the lender at the time of concluding the agreement.

18/3:

  • Annual percentage rate of consumer credit agreements not secured by mortgages/pledges concluded from 19/03 onwards will be maximum base rate + 5% of the central bank.
    1. 1.3 Payment services
  • 24/03: In case of contactless card payments the limit for the strong customer authentication (e.g. PIN entry) was raised from HUF 5,000 (approx. EUR 14) to HUF 15,000 (approx. EUR 42) – applicable as of 15/04 at the latest.

2 Capital Markets

n/a

3 Employment

3.1 Employment Contracts

17/06

  • Reduced working time and financial support could be requested until 31/08.

29/04

  • The conditions of the reduced working time have been amended:  If the employee and employer agree on the employment within reduced working time due to the pandemic, they may request subsidy for the employee for a 3 months period from the respective government agency. The reduced working time means part time employment on a daily basis which (i) reaches at least 25 % but (ii) does not exceed 85 % of the working time determined in the original employment contract (in 3 months average). If the reduced working time exceeds the half of the original working time, the parties may agree on a so-called individual development timeframe at least for the period of the duration of the subsidy. In that case the employer must pay the employee's base salary to him/her for the period of the individual development timeframe.

The basis of the subsidy is the monthly base salary of the employee concerned, on the day of the submission of the application reduced by the amount of the advance of the personal income tax and contributions. The amount of the subsidy is 70 % of the base salary for the period of the time lost from work due to the reduced working time. The subsidy is free from any duty and levy. The subsidy is not paid during unpaid holiday.

26/04

  • During the state of emergency, the employee - who is on an unpaid leave due to the state of emergency - is entitled to healthcare service. As of 1/05, the employer shall establish, declare and pay the healthcare service contribution in respect of the employee concerned. The employer may request moratorium until the 60th day after the end of the state of emergency.

25/04

  • The parties and collective bargaining agreements may not derogate from the daily working time, daily and weekly rest period.

16/04

  • Reduced working time subsidy introduced

15/04

  • Research & Development subsidy: employers employing researcher and developer may request subsidy. The maximum period of the subsidy may be 3 months. The amount of the research & development subsidy may not exceed HUF 318 920 (approx. EUR 1,000) on a monthly basis per employee.

11/04

  • During the state of emergency, the employer may order 24 months period of working time cycle (general rule: 4 or 6 months). Employers may extend the ordered working time cycle up to 24 months.
  • Collective bargaining agreements may not diverge from the abovementioned provisions.
  • If the state of emergency ends, it does not affect the allocated work time ordered during the state of emergency.

19/03:

  • The employer may modify the work schedule in advance without limitation before the start of the scheduled daily working time
  • The employer may unilaterally order (without employee consent) home-office and remote working
  • The employer may take the necessary and reasonable measures for the purpose of the employee's health surveillance

4 Real Estate & Construction

4.1 Leases

 

17/06:

  • Termination moratorium revoked as of 30/06, moratorium on increasing rents was revoked as of the end of the state of emergency

19/03:

  • Landlords cannot terminate leases concerning touristic, catering, leisure, gamble, film industry, performing artist, event planning and sport services until 30/06 (inclusive), which deadline may be extended
  • Rents cannot be increased during the state of emergency regardless landlords’ such rights

07/05:

  • In case of leases of real properties (flat or other properties) owned by municipalities or the Hungarian state, the lessee will have the right to unilaterally extend the lease term until the end of state of emergency by an unilateral declaration if the lease term expires during the state of emergency. The parties may deviate from the special rules applicable to such leases during the state of emergency.

4.2 Enforcement procedure

17/06:

  • onsite enforcements may continue except sites under pandemic restriction

24/03:

  • Auctions, onsite enforcement procedures and measures cannot be taken until the end of the state of emergency. In case of real estates, the evictions of real estates and all of the relating enforcement measures can be made only after the end of the state of emergency with that the deadlines renew on the 15th day after the end of the state of emergency.
  • If such 15th day calculated from the end of the state of emergency falls to the period between 15/11/2020 and 30/04/2021, the respective deadline renews after 30/2021. The bailiff can only take measures for the auction of the real estates of natural person debtors – e.g. the first announcement regarding the auction – not earlier than the 15th day after the end of the state of emergency. The above prohibition also includes that the bailiff cannot register the potential purchasers in the auction's website.

4.3 Condominiums

11/04

  • Hungary adopted some voluntary relief for the operation of the condominiums:
    1. Condominiums are not required to hold general assemblies. However, general assembly must be conveyed if at least 1/10 of the owners propose that indicating the respective agenda, reason and proposal for the decision of the owners. In such case, the decision must be made solely by a written procedure. Otherwise, the general assembly must decide on the annual budget, accounting or other cases, which deadline expires during the state of emergency, within 90 days after the end of the state of emergency.
    2. In case of the operation of the condominiums, a declaration, which was sent by electronic means (e.g. email, or other electronic form of communication) by an owner or a body of the condominium, shall be deemed written if the followings can be identified: the (i) declarant; (ii) content; (iii) date; and (iv) addressee.
    3. A procedural act, which can be performed only in person, must not be taken. The deadlines for such procedures are suspended until the next day following the end of the state of emergency. Such deadlines will renew after this date.
    4. The general assembly cannot release or withdraw the mandate of the common representative (or management committee) during the state of emergency. If the mandate of the common representative (or management committee) ends during the state of emergency, he must perform all of his activity with an unchanged remuneration until the appointment of a new representative but not later than 90 days after the end of the state of emergency. If the mandate of the common representative (or management committee) ends for other reasons, his activities must be performed by the accounting committee. A new common representative (or management committee) must be appointed in the above cases within 90 days after the end of the state of emergency.

4.4 Agricultural lands

17/04

  • Any agreement subject to the act on forests, use of forests must be extended until the end of the state of emergency.
  • Agricultural lands cannot be subject to any auction during the state of emergency. The applicable deadlines will restart after the end of the state of emergency.
    1. 4.5 Important economic areas

18/04

  • The government introduced the "important economic areas" as a new instrument for reasons of national economy. If the government indicates real properties as an important economic area by a governmental decree such area, inter alia, can be subject to planning / building / landscaping provisions adapted by the Government. Moreover, a taxpayer, who pursues its economic activity in such area, will have to pay the local taxes to the relevant municipality of the country and not to the local municipality after the relevant municipality of the country adapted a decree in this respect. The local tax levied by the municipality of the country cannot be increased and the tax advantages applied cannot be revoked during the state of emergency. Such important economic area is some real properties located at the industrial park of Göd.
    1. 4.6 Extension of the validity of permits; landscaping procedure

23/04

  • The validity of the permits, which are issued by a building authority with the exception of the occupancy permit, is extended with one year without any application form the client if the permit expires between 23 April 2020 and 30 days after the end of state of emergency. The same applies to any permits issued by the monumental protection authority.
  • Landscaping procedure may only be conducted electronically (application; submission; decision rendering).

5 Tax & Duties

5.1 Extraordinary tax

01/05:

  • Extraordinary tax imposed on financial institutions for the tax year of 2020
  • Extraordinary tax imposed on participants of retail sector (online retailers, too) whose tax base exceeds HUF 500 mio (approx. EUR 1,5 mio)

5.2 Tax issues related to companies

22/04:

  • The annual (or extraordinary) corporate income tax declaration due to be submitted, and the annual (or extraordinary) corporate income tax to be paid, between 22/04 and 30/09 may be submitted and paid on 30/09 at the latest.
  • If (as per the above) the annual corporate income tax declaration is not completed before 30/09, the corporate income tax advance payments to be assessed and declared between 22/04 and 30/09 may be assessed and declared on the last available final data of the corporate income tax.
  • The above or similar time extension is available also with respect to local business tax, small corporate tax, income tax for energy providers.
  • No tourism tax is payable until 31/12.

5.3 Exemption from paying public charges and public health contribution

18/05:

  • Flight companies whose main business activity pursuant to TEÁOR’08 fall under 30.30, 33.16 or 51.10 could be exempted from paying certain contributions from 05/2020 till the end of the month when the state of emergency is revoked or till the end of the year at the latest.

11/04:

  • The scope of the Beneficiaries has been widened to entities whose main business activity pursuant to TEÁOR’08 fall under the following categories: plant propagation (01.30), growing of other non-perennial crops (01.19), growing of other perennial crops (01.29), wholesale of flowers and plants (46.22), retail sale of flowers, plants, seeds, fertilizers, pet animals and pet food in specialized stores (47.76), hunting, trapping and related service activities, distilling, rectifying and blending of spirits (11.01), manufacture of wine from grape (11.02), manufacture of beer (11.05), growing of grapes (01.21).

27/03

  • The scope of the Beneficiaries has been widened to entities whose main business activity pursuant to the Hungarian activity classification (TEÁOR’08) falling under the following categories receive tax benefits: travel agency, tour operator reservation service and related activities (79); physical well-being activities (96.04); inland passenger water transport (50.30)

24/03:

  • Additional group of small businesses are exempted from paying social contributions under the fixed-rate tax of low tax-bracket. Business activities under the scope included such as beauty care services, glazing, gas, plumbing and heating services, outpatient curative- and elderly care, flooring services, exercise and other sporting activities, art performances, hotel services, gambling and betting activities
  • The debts under fixed-rate tax of low tax-bracket ("KATA") incurred before 1/03 will be exempted for the duration of the state of emergency. Thereafter, the businesses may pay their tax debts in equal monthly instalments from the month following the end of the quarter in which the state of emergency announced
  • Childbirth allowance entitlements expiring during the state of emergency are sustained
  • The following entities shall not pay the social security contribution until 30/06: (i) payment agencies after their employees employed in employment relationship; (ii) self-employed persons; (iii) business partners
  • Between 1/03 and 30/06, the paying entity whose main business activity pursuant to the Hungarian activity classification (TEÁOR’08) falling under the following categories receive tax benefits: taxi operation (49.32); hotel and similar accommodations (55); catering service (56); performing arts (90); Sports activities and amusement and recreation activities (93); Gambling and betting activities (92); video and television program production services, sound recording and music publishing (59); Organisation of conventions and trade shows (82.30); Publishing of newspapers (58.13); Publishing of journals and periodicals (58.14 Radio broadcasting (60) ("Beneficiary")
  • Between 1/03 and 30/06, Beneficiary is exempted from paying the social security contribution after employees, self-employed persons and business partners
  • Out of the compulsory contribution between 1/03 and 30/06, Beneficiary must only pay after the income comprising part of the contribution base of the employees, self-employed persons and business partners the health insurance contributions in kind, which is 4% of the compulsory contribution and which may not exceed HUF 7,710. Accordingly, Beneficiary is exempt from other components of the compulsory contribution (i,e. health insurance and labor market contributions, pension contributions, sick-pay contributions, health services contributions)
  • Between 1/03 and 30/06, Beneficiary is exempt from the vocational training levy, the advance of the rehabilitation allowance and small business tax
  • The contribution to tourism development shall not be established and declared neither in the quarterly nor in the yearly tax return in respect of the period from 0/01 and 29/02

19/03:

  • Such benefit for those working in sectors of tourism, restaurant and catering, amusement, gambling, film industry, artistic performances, events, and sport until 30/06

6 Corporate, M&A

Corporate changes from 29/05:

  • liquidation procedures may only be initiated if the debt is equal to or above HUF 400,000 (general rule: HUF 200,000);
  • court of registry cannot order the deletion of companies during a review procedure;
  • if the tax authority cancelled the tax number of a company, it cannot take steps for a deletion of a company (general rule: following the cancellation of the tax number, the tax authority in parallel inquires the court of registry to delete the respective company);
  • if the above deletion procedure already started, it is suspended until 31/10;
  • forced deletion procedures are suspended until 31/10;
  • forced deletion procedure may not commence if the winding up procedure has not terminated within 3 years but the company requests the deletion until 31/10 (general rule: if a winding up procedure is not finished within 3 years and the company does not request the deletion thereof within the said time-frame, the court of registry orders a forced deletion procedure).

6.1 Financial statements 22/04:

  • Exception from the general rule: companies which must publish their annual financial statements between 22/04 and 30/09 may publish their financial statements on or before 30/09 at the latest.  

6.2 Meetings / Decision making (11/04):

  • The temporary rules allowing no contact meeting and decision making mechanisms remain in force until 31/12.
  • No meeting / decision making with personal presence
    • instead: by electronic means or without a meeting - even if it is not allowed in the articles of association, provided that the number of members of the company (i) is below five, and the quorum is likely to be met, the manner and conditions of decision-making shall be determined in such a way that all members can participate (ii) is between 5-10 and the quorum is likely to be met, the members with a majority of votes shall request it (iii) is above 10 or state or national company and the management of the legal person initiates it with compliance to the following: informing on the agenda may not be dispensed and the publicity requirement does not apply.
    • in case of vote by electronic device: (i) the available electronic means of communication and IT applications have to be specified and (ii) the identity of the members or their representatives (if not known) must be verified.
    • If the above decision making is not possible, the decision on the approval of the annual balance sheet or on the use of the profit after tax, on other decisions necessary for the maintenance of lawful operation and on urgent matters arising within the scope of reasonable and responsible management, the management of the legal person shall decide. The condition of such decision is that the members holding more than 25% of the votes do not object to the proposal for a resolution in their written opinion prior to the adoption of the decision by at least 51% of the votes.
  • The management of the company may not: (i) amend the articles of association (ii) decide on the termination without legal successor (iii) decide on transformation, merger or demerger of the company (iv) decide on the share capital reduction with respect to capital companies (v) may only decide on additional payment and capital replenishment if does not affect the shares of members in a legal person
  • Such decision of the managing body shall be on the agenda of the decision making body of the company within 90 days after the end of emergency period. Any amendment or repeal of such decision does not affect rights and obligations arising prior to such decision. The managing body of the company may also make decisions via electronic means.

6.3 Company name (11/04):

  • the term "state" or "national" shall appear in the company name if in the view of the performance of a particularly important public task performed by the company, the government grants permission to do so in a public decision.

6.4 Public limited liability companies 11/04

  • The above rules are not applicable to the decision-making body of a public limited liability company. 

6.5 Declaration of the members of the company 11/04

  • Declarations may be sent via e-mail if signed with an electronic signature or used a document authentication service traced back to identification, natural persons may also send documentations via e-mail if personal identification is provided.

6.6 Emergency assistance on the operation of companies essential to the public supply (18/03):  

  • The most essential state-owned and non-state owned companies, mostly in the energy, telecommunications, transport and health sectors will be monitored and coordinated through the Defense Administration Staff to promote the smooth and safe operation of the supply.

6.7 Procedures of court registry (31/03)

  • the company information service may only provide information and other services electronically, all communication to avoid personal appearance

7 EU & Competition

7.1 Others

  • 21/04: no requirement for a majority state owned venture capital fund or private equity fund to obtain merger control approval for acquiring control for investment protection purposes in relation to financing necessitated by COVID-19.

8 Courts and Authorities

8.1 Criminal defence

Coercive measures 01/06 and 31/03

  • May be taken unless the measure would not be in line with the pandemic isolation, surveillance or inspection. In this case, the measure must be postponed. If postponement is not an option, the measure may be taken by audiovisual means.
  • Measures – to the extent possible – could be carried out by audiovisual means (e.g. testimony).
  • No remedy against ordering audiovisual means.
  • People above the age 65 are treated as 'person in privileged situation' (may testify in writing or by audiovisual means).

Court hearings 01/06 and 31/03

  • Oral hearings may be conducted.
  • First instance hearings are conducted by one judge only.
  • General public may be excluded if the presence of the public would not be in line with the pandemic isolation, surveillance or inspection.
  • If possible, certain procedural measures (e.g. testimony) may be carried out by audiovisual means.
  • If possible, remedy and extraordinary remedy procedures may be decided by a closed panel of judges based on the case files.

8.2 Disputes (civil)

Procedural law / deadlines

  • 31/03: Deadlines are generally running;

Court hearings 01/06:

  • If the court already gathered the statements in writing during the state of emergency, the so-called case-initiation phase will be terminated without a hearing.
  • If the court has not gathered all statements / the parties have not submitted all their statement, the case-initiation hearing will be held.
  • If justified by pandemic actions, hearings may be held by audiovisuals
  • If the parties submitted all their statements prior to ending the hearing on the merits, judgments are rendered without a hearing.
  • If the court has not yet scheduled a hearing, the case will continue with a hearing.
  • Remedy and extraordinary remedy procedures: if the parties were already informed about the procedure having no hearing, the procedure must be terminated without a hearing. Even if informed so, the parties may request a hearing.

8.3 Disputes (public)

Procedural law / deadlines

  • 31/03: Deadlines are generally running.

Court hearings

  • 01/06: Oral hearings:
      • If the parties were already informed about the procedure having no hearing, the procedure must be terminated without a hearing.
      • Even if so, the parties may request a hearing within 15 days after the state of emergency ends.
      • Otherwise, hearings must be held if possible in cases starting on or after 01/06
  • Judgments are rendered without hearing if the parties were warned so and submitted all their statements.

9 Healthcare

9.1 Healthcare & Life Sciences

30/04

  • The regulation of telemedicine service has been extended. The extension specifies the activities which qualify telemedicine services (e.g. the professional assessment of patient's state of health, diagnosing diseases). Telemedicine services may be provided through remote electronic monitoring system and other infocommunication technology. Healthcare service providers concerned must establish a protocol in relation to its telemedicine service. In addition, healthcare service providers must document the telemedicine service and register the fact of the treatment into the National eHealth Infrastructure.

11/04

  • During the state of emergency, the compassionate use of medicinal products in relation to COVID-19 may be carried out with the following derogations: investigational medicinal products and medicinal products which do not have a marketing authorization (jointly: "medicinal product") may be made available by authorization of the National Institute of Pharmacy and Nutrition if: (i) the medicinal product has already been tested by at least a phase I clinical trial in a country whose laws are considered to be equivalent to the Hungarian regulatory system applicable to clinical trials, or such clinical trial is in progress, (ii) the applicant is a healthcare service provider and the scope of the application may be a predetermined pediatric population and (iii) the manufacturer of the medicinal product does not have to consent to the compassionate use and agrees to supply the medicinal product free of charge. 

09/04:

03/04:

  • The National Institute of Pharmacy and Nutrition has ordered the export ban on the following medicinal products containing propofol active substance within wholesale distribution for a 6 months period: (i) ANESIA 10 mg/ml emulsion for injection or infusion; (ii) ANESIA 20 mg/ml emulsion for injection or infusion; (iii) PROPOFOL 1% MCT/LCT FRESENIUS emulsion for injection or infusion; (iv) PROPOFOL 2% MCT/LCT FRESENIUS emulsion for injection or infusion; (v) PROPOFOL MCT FRESENIUS 10 mg/ml emulsion for injection or infusion in pre-filled syringe; (vi) PROPOFOL MCT FRESENIUS 20 mg/ml emulsion for injection or infusion in pre-filled syringe; (vii) PROPOFOL-LIPURO  5 mg/ml emulsion for injection or infusion; (viii) PROPOFOL-LIPURO  10 mg/ml emulsion for injection or infusion; (ix) PROPOFOL-LIPURO  20 mg/ml emulsion for injection or infusion

25/03:

  • During the state of emergency, the natural person as a research subject with full legal capacity of the non-interventional medical trial in relation to COVID 19 may be informed about the details of the non-interventional medical trial required by law via telecommunication devices beyond oral and written information. The person may give and withdraw his/her consent to the non-interventional medical trial also via telecommunication device. Telecommunication device means such a device which is able to record the given information and the consent of the person (as research subject)

24/03:

  • The export of (i) hydroxychloroquine-sulfat and (ii) medicinal products containing hydroxychloroquine-sulfat and pharmaceutical intermediates is banned for the time of the emergency. Exports are allowed (i) if authorized by the Government or (ii) based on a special certificate by the National Healthcare Services Center

15/03:

  • The organized and targeted public health screening tests postponed until the end of the state of emergency
  • During the state of emergency, in the framework of primary health care in the field of dental care only medical emergency treatments may be provided
  • During the state of emergency, the certificates on the medical assessment of the incapacity and capacity to work and the review thereof shall not be issued every two weeks

12/03:

  • Healthcare professionals may leave the territory of Hungary in possession of a specific authorization

9.2 Regulatory

25/05: 

  • as for primary and high schools:
    • 2/06 – 15/06 still digital / home study but small study groups or individual study session may be organized to catch up
    • 2/06 – 26/06 schools to organize custody: day care, study group, sport activity may be organized

21/05: Kindergartens and child nurseries will open again:

  • outside Budapest: from 25 May
  • in Budapest: from 2 June
  • until 31 August kindergartens / child nurseries may close for a maximum of 2 weeks;

  Summer camps for children could be organized from 16 June onwards.

16/05:

  • Heating and cooling systems in commercial facilities: permissible only those with external air circulation (i.e. systems with internal air circulation may not be used

12/03:

  • The official documents of Hungarian citizen which would expire during the state of emergency will be valid for 15 days after the end of the state of emergency

 

9.3 Entertainment / catering / shopping regulations

18/05

  • Outside Budapest:
    • Restaurants, bars, etc: 1.5 meters distance from each other must be kept indoors and employees must wear masks or scarfs;
    • Open-air playground: open;
    • Hotels and accommodation services: open; in case of catering facilities the rules applicable for restaurants must also be kept;
  • In Budapest:
    • A distance of 1.5 meters must be kept from each other
    • Compulsory to wear a mask in all shops, in taxis, on markets and public transport vehicles.
    • Restaurants, bars, etc: only outdoor seating and employees must wear masks or scarfs;
    • Open-air spas and lidos: open
    • Open-air museum and zoos: open
    • Higher education establishments may be visited in line with the decision of the rector. The dormitories of the higher education establishments are not allowed to be open.

04/05

  • Outside Budapest:
    • People must keep at least 1.5 meters distance from each other when visiting stores or other premises, parks.
    • All kinds of shops may be open. Operators of catering establishments must ensure at least 1.5 meters distance between tables. Operators of catering establishments shall not pay for the public space until 1/09/2020 with regards to terraces which are placed on the public space.
    • Higher education establishments may be visited in line with the decision of the rector. The dormitories of the higher education establishments are not allowed to be open.
  • Sporting events may be held in the territory of Hungary without spectators. Participation in trainings organised by sport associations or trainings for recreational sports, mass sports and amateur sports is permitted.
  • In Budapest:
    • theatres and cinemas are closed;
    • no participation at internal/external musical or dance event

20/03:

  • During the state of emergency, sales negotiated away from business premises may be carried out without notification and registration based on a contract concluded with catering businesses and businesses selling fast-moving consumer goods
  • Catering businesses and businesses selling fast-moving consumer goods also may carry out sales negotiated away from business premises without notification and registration. Food may be distributed in the framework of sales negotiated away from business premises
  • Mail order service may be provided without notification and registration for the purpose of supply to the general public

9.4 Weddings and funerals

  • Outside Budapest from 01/06
  • In Budapest from 15/06
  • may be held with a total of attendees not exceeding 200 people (distance of 1.5 meters must be kept)
  • may be held in catering facilities or hotels

 

10 Insolvency & Restructuring

n/a 

11 Insurance

n/a 

12 Intellectual Property

12.1 procedural law / deadlines

  • The exceptional extension of deadlines came to an end on 02/06. Deadlines before the HIPO as well as judicial (court) deadlines are no longer extended.

12.2 Hearings, meetings

  • In-person consultations with case handlers are possible only in exceptional cases upon previously set appointments.
  • The access to case files in person is still suspended until further notice.
  • Submission of documents in person is possible in a limited timeframe between 10 and 12 a.m. on working days.
  • The customer service centre physically reopened for its clients, however, wearing face masks is recommended. Hence, e.g. voluntary registration of copyright is possible again.

13 Telecom & Data Protection

13.1 Data Protection

07/05:

  • The pandemic agency may order the official control to verify compliance with the official home quarantine rules by an electronic software in respect of those adults who have full legal capacity provided that (i) the person concerned gives his/her prior consent to this kind of control and (ii) the conditions of the software installation and the necessary equipment are granted. The electronic software can trace people movements and transmit the facial image of the person concerned and the health data given by the person to the authorities. The pandemic agency and the police – which control the use of the software – may process the transmitted personal data - via the software - for 60 days after the termination of the home quarantine.

05/05:

  • In the case of data processing activities for the purpose of preventing, understanding, detecting and preventing the further spread of the coronavirus, the administrative deadline in connection with data subjects' requests with regards to their rights (e.g. right of access, right to rectification or erasure) has been suspended until the end of the state of emergency. The commencement date of the administrative deadline is the first day following the end of the state of emergency. Data processors must inform data subjects of the suspension of the deadline without delay after the end of the state of emergency but no later than 90 days from the date of receipt. If data subjects exercise their right to lodge a complaint with the respective authority or right to judicial remedy, the commencement date of the administrative deadline of the authority/court is the first day following the end of the state of emergency.

04/05

  • During the state of emergency, requests for public information may not be requested verbally. Public bodies may fulfil the public information request within 45 days if it is likely that fulfilment of the data request within 15 days – requested by law – would jeopardize their tasks in connection with the state of emergency from which the applicant must be informed within 15 days after the receipt of the request. The 45 days deadline may be extended with another 45 days if the fulfilment of the data request within 45 days still would still jeopardize the tasks of public bodies in connection with the state of emergency.

07/04:

  • The coronavirus Operational Group may learn the personal data (e.g. identification data, health data or any other information contained in any database) of the person who is supposed to be or is infected with coronavirus and the personal data of that person with whom this person has been in contact with.

07/04:

  • The operator of the National E-Health Infrastructure ensures that the coronavirus Operational Group receives the personal data in connection with the coronavirus.

06/04:         

  • The coronavirus Operational Group may request information from any organization or entity for the purpose of prevention, knowing, discovering of the pandemic and the prevention of the spread of the pandemic and for the organization of the coordinated task management.

03/04:

  • During the state of emergency, the Minister of Interior and the Minister of Human Capacities may learn and process the personal data stored in the National E-Health Infrastructure or processed by the healthcare service providers.

02/04

  • If the pandemic agency orders epidemiological separation, epidemic-surveillance or epidemiology quarantine, monitoring will be carried out by the police.

17/03:

  • The Minister of Innovation and Technology may process any data which is necessary for (i) the protection of health and life of Hungarian citizens; (ii) the modelling of pandemic (COVID-19) and (iii) analysis of the pandemic (COVID-19)

12/03:

  • People exposed to the pandemic may transfer the personal and health data, telephone number and email address of the person with whom he/she has been in contact with and thereby that person is also exposed to the pandemic to the police in case of request. Other data processors processing the abovementioned personal data may transfer the personal data to the police in case of request

14 Other

01/09: Travel restrictions

  • Hungarian citizen (and citizens having permanent residence in Hungary) when coming back to Hungary might be subject to covid testing
    • if positive – official quarantine
    • if negative – home quarantine of 14 days
  • Non-Hungarian citizens may not enter Hungary unless the traveller:
    • verifies a reasonable cause for coming to Hungary (e.g. compulsory court procedure, funeral / wedding, student, etc.);
    • comes for a business cause among joint ventures;
    • commuter in a neighbouring country;
  • Coming from the Czech Republic, Slovakia and Poland:
    • Hungarian citizens may be exempted from home quarantine if tested negative upon arrival in Hungary provided that she/he had a reservation for accommodation prior to 01/09;
    • non-Hungarian citizens may enter Hungary if tested negative 5 days prior to entering Hungary and having a reservation for whichever accommodation between 01/09 and 30/09
  • Tranzit is also possible given that the traveller leaves the country within 24h and was tested negative;
  • Additional exceptions apply to sportsmen and others sports professionals as well as to those attending sport events.

15/06: Public libraries are reopened

08/06: Changes re. entering Hungary:

  • Slovenian citizens / Hungarian citizens coming from Slovenia may enter Hungary;
  • Slovakian, Czech, Austrian, German and Romanian citizens may enter Hungary;
  • Hungarian citizens coming from Slovakia, Czech Republic, Austria, Germany or Romania may enter Hungary;
  • EEA citizens having permanent residence in Hungary should be treated the same way as Hungarian citizens.

05/06: Austrian, Slovakian and Czech citizens coming from Austria, Slovakia and Czech Republic (as well as Hungarian citizens from these countries) may enter Hungary from today (05/06). EEA citizens having permanent domicile in Hungary should be treated the same way.

29/05:

  • Budapest from 29/05:
    • restaurants / catering: guest are allowed inside as well but a distance of 1.5 m must be kept + waiters still have to wear masks;
    • hotels: open;
    • open-air playgrounds: open.
  • Open-air events from 28/05:
    • sport events are open for public;
    • other events (theatre, cinema, circus, literature or other cultural event) may be organized;
    • in case there are seats on the open-air event: only every fourth seat could be occupied, seats behind each other cannot be occupied, i.e. a distance of 1.5 m must be kept even if seated;
    • music or dancing events, including festivals cannot be organized;
    • however, drive-in music events (i.e. coming by car, staying in car) could be held between 29/05 and 31/05.
  • Special rules for travel contracts as of 28/05:
    • applicable if the contract is terminated until 31/08 due to Covid-19 or is terminated referring to legally being impossible to perform;
    • the service provider may issue a voucher to the clients;
    • if not accepted by the client, the client may request a refund instead.

06/04

  • Delivery by Hungarian Post:
    • Registered mail: simply delivered to post box (no signature needed).
    • Registered mail with acknowledgement of receipt: delivered to the addressee who is identified by the mailman based on ID but no signature is needed and a distance of 1.5 m must be kept.
    • Delivery to quarantine is not possible – in such a case, the post keeps the pack. Addressee may indicate a substitute (not under quarantine).

18/03

  • The Hungarian Post temporarily suspended its international postal services in respect to several countries: Afghanistan; Algeria; Argentina; Australia; Austria; Azerbaijan; Bahrain; Belarus; Bhutan; Bosnia and Hercegovina; Chile; Curacao; the Czech Republic; Djibouti; Eritrea; Ethiop; French Polynesia; Philippines; Gambia; Gibraltar; Georgia; Honduras; India; Indonesia; Iraq; Iran; Iceland; Israel; Jordan; Cayman islands; Qatar; Kazakhstan; China; Taiwan; Kirgizstan, Kosovo; Kuwait; Laos; Latvia; Lebanon; Libya; Macedonia; Maldives; Malta; Morocco; Mauritania; Mauritius; Moldova; Mongolia; Montenegro; Oman; Russia; Armenia; Pakistan; Panama; Paraguay; Peru; Sierra Leone; Saud Arabia; Serbia; Singapore; Slovakia;  Slovenia; Sudan; Tajikistan; Tanzania; Togo; Turkey; Tunisia; New Zeeland; Ukraine; Uruguay; Uzbekistan; Venezuela

 

 


Kindly note that the summaries on this page are for information purposes only and do not take into account the specifics of a certain situation. The information is not designed to substitute and cannot substitute legal advice tailored to your needs. It is made available strictly on a non-reliance basis. Also, some of the addressed topics might be subject to short-term changes. 
 

This article is part of our coronavirus-focused legal updates – visit our coronavirus infocorner to get more info!

Alexandra Bognár

Attorney at Law

T: +36 1 8700 687
a.bognar@schoenherr.eu

Linkedin

country:

hungary