The content of communications recorded by criminal law enforcement authorities (LEAs) and traffic and location data; Not only voice communications, but also electronic messages made not only from a mobile phone, but also from landlines and other devices; Records of surveillance of persons and property by the LEAs. This and other information have so far reached the Czech national competition authority (Czech NCA) without being able to use it legally as evidence in the proceedings.
New EU–US Data Privacy Framework – Simplified Data Transfer to the US
With the Schrems II judgment, which invalidated the Privacy Shield, the CJEU (Court of Justice of the European Union) make it more difficult to comply with the GDPR for companies transferring personal data from the EU to the US. However, the new EU-US Data Privacy Framework (or “Framework”) adopted on 10 July aims to put an end to this situation. But how does the Framework make data transfers between the EU and US easier? In this short article, we explain the basics of the new Framework and answer the above question.
From Collective Rights to Individual Justice: Class Action in the USA and Its Prospects in Serbia
On July 4, the United States celebrated Independence Day, which reminded us of the Declaration of Independence from 1776 that marked the establishment of the United States. This prompted us to reflect on the numerous distinctive legal achievements of the United States, inspiring us to explore the phenomenon of class action. Originating from across the Atlantic, this legal institution has found its place in continental European jurisdictions, sparking discussions within the professional community about its potential incorporation into Serbia’s legal framework.
Does The Violation of the GDPR Always Mean Unlawful Data Processing?
Based on the GDPR, data controllers have several obligations, such as maintaining the records of data processing or in case of joint controllers, entering into an agreement which determines their respective responsibilities for compliance with their data protection related obligations. In a recent case, the Court of Justice of the European Unio (‘CJEU’) needed to decide on the issue whether the non-compliance with these obligations constitutes unlawful processing resulting in the duty to erase the personal data of the data subject.
Personal Bankruptcy Reimagined: A Fresh Start for North Macedonia's Debtors
In the realm of legal matters in the Republic of North Macedonia, the concept of "bankruptcy for individuals" that exists in Western countries is completely unknown. Here, a person burdened with debt could find themselves perpetually trapped, facing an ever-growing debt that seems impossible to escape.
Implementation of the EU Directives on Work-Life Balance and on Transparent and Predictable Working Conditions: Czech Republic
The EU Directives on Work-life balance and on Transparent and predictable working conditions are expected to take effect in the Czech national legislation in the second half of 2023 with some exceptions starting on 1 January 2024. They will bring about significant changes and obligations for the employers. What will they mean for businesses?
A Lifeline for Data Transfers: EU-US Data Privacy Framework Is Back On
In the long-awaited aftermath of the havoc caused by the CJEU’s decision (adopted in 2020 in the famous Schrems II case) to invalidate the previously existing EU-US Privacy Shield Framework, the European Commission adopted the adequacy decision promoting the new EU-US Data Privacy Framework (the “Framework”) on 10 July 2023.
The transposition of the Collective Redress Directive in Austria: What to Expect
By 25 June 2023, the transitional provisions of the Collective Redress Directive should have been applicable throughout the EU. Austria – like several other EU Member States – did not meet this deadline. The following article deals with potential transposition options, for the Collective Redress Directive, by the Austrian legislator.
Commercial Offences – Proceeding, Sanctions and Statute of Limitations
Chapter 1 - A commercial offence – a brief review of an unjustifiably neglected step between a misdemeanour and a criminal offence.
Nothing is Cast in Concrete – Except for the Free Movement of Capital?
The Court of Justice’s strike on protectionism in favor of ‘strategic companies’ in the Member States.
The Foreign Subsidies Regulation: Application of the regime as at 12 July 2023
The Regulation (EU) 2022/2560 on Foreign Subsidies Distorting the Internal Market (FSR) formally entered into force on 12 January 2023, but the regime did not apply until 12 July 2023. On the same day, the respective Implementing Regulation (EU) 2023/1441 was published in the Official Journal.
CK Telecoms Judgment: Revisiting Errors and Pursuing Clarity
As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.
Implementation of the EU Directives on Work-Life Balance and on Transparent and Predictable Working Conditions: Croatia
The EU Directives on Work-life balance and on Transparent and predictable working conditions were introduced into the Croatian national legislation in January 2023 and brought about significant changes and obligations for employers. What do they mean for businesses?
Third Time's the Charm? EU-US Data Privacy Framework Revamped and Reloaded
On 10 July 2023, the European Commission adopted an adequacy decision for a lawful data transfer from the EU to the USA for the third time. This means that personal data may again be lawfully transferred to the US. This will facilitate the use of US service providers for EU companies.
Data Security Concerns of Smart Grids
Smart grids are rapidly becoming the backbone of modern electricity networks. The integration of digital communication and control technologies enables smart grids to optimize electricity generation, distribution, and consumption. However, the increased use of digital technologies and the massive amounts of data generated also raises serious concerns about data security. This article will explore the data security concerns around smart grids.
New Legal Framework for Personal Data Transfer Between the EU and the US – déjà vu?
On July 10, 2023, the European Commission adopted a new mechanism for personal data transfer between the EU and the US – the Decision no. C (2023) 4745 (“the Decision”), which stipulates that the US provide adequate and appropriate level of protection, i.e., that corresponds to the one existing in the EU in terms of personal data transferred from the EU to the US companies, without the obligation to undertake any further protective measures. The Decision entered into force and started to apply on the day of its adoption.
New Law on Employment of Foreign Workers in Hungary
On 13 June 2023, the Hungarian Parliament adopted a new law regulating the employment of foreign workers. The law introduces the concept of guest workers (third-country nationals from countries outside the EEA and from non-neighbouring countries) and establishes guidelines for their employment in Hungary.
Extended Scope of Legal Professional Privilege
Are you going to argue legal professional privilege? If so, you may be interested in a recent judgment of the Court of Justice of the European Union (the "CJEU"), which significantly expands the scope of legal professional privilege.