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The fast-paced changes brought about by digital technologies continuously challenge the slow-moving legal framework of the European Union. The European Commission (EC) has long grappled with the ever-evolving practices of tech-companies. Some players, spawned from garages and dorm rooms not long ago, are now entrenched gatekeepers and generate issues enforcers simply lack tools to deal with.

On 12 November 2020 the European Commission published the new standard contractual clauses (SCCs) on data transfer (model clauses), which would replace clauses C2C and C2P under Commission decisions issued under the European Data Protection Directive. The bill subjects international transfers to significantly stricter administrative conditions in the light of the Schrems II decision. The draft act is open for feedback for 4 weeks. Feedback will be taken into account for finalising the initiative.

The Hungarian Competition Authority ('HCA') was less active in abuse of significant market power cases in the past years, but the outcome of the competition supervision proceedings recently conducted against Spar Magyarország Kereskedelmi kft. ("Spar") leads to a forward-looking solution unprecedented in such cases so far: the supermarket chain will develop a new regional supply system as a proactive reparation for the infringement. The programme with a budget of HUF 1,7 billion will not only improve small producers' sales opportunities but will also create new jobs.

On 1 December 2020 the Hungarian Parliament decided that as of 1 January 2021, one of the most effective bodies in the fight against discrimination, the Equal Treatment Authority (ETA) will be abolished. Its duties, including the legal protection against racial, gender and other discrimination, will be taken over by the Commissioner for Fundamental Rights. The proceedings ongoing on 1 January 2021 will be suspended until 31 January 2021. Likewise, ongoing administrative lawsuits appealing against decisions of ETA on 1 January 2021 will be suspended until 31 January 2021.

Minister of Finance, Mihály Varga announced in November 2020 a new, six-point action plan designed to make payments and navigating red tape easier and cheaper in Hungary, as follows:

On September 22, 2020, CEE Legal Matters reported that DLK Legal in Poland and Kinstellar in Hungary and the Czech Republic, working together with Osborne Clarke as lead counsel, had advised Infosys on its EUR 30 million acquisition of GuideVision. CEEIHM spoke with Inderpreet Sawhney, Group General Counsel and Chief Compliance Officer at Infosys, to learn more about the deal.

“Right now, there is a bit of press around Hungary, for a variety of reasons,” says Kinstellar Partner Anthony O’Connor. “Some of that is related to the perceived tension between Hungary and the EU and the fact that the EU seems to be trying to tie certain expectations it has of Hungary to the funding it is due to receive.” 

Debt collection is among the enforcement priorities of the Hungarian Data Protection and Freedom of Information Authority (“Hungarian DPA”) since several years a significant proportion of the Hungarian DPA decisions and court cases involving the judicial supervision of the Hungarian DPA’s decisions relate to debt collection and the handling of debtors’ complaints. In the past years, the Hungarian DPA blacklisted several practices by debt collection agencies, and the Hungarian DPA confirmed that relative to the debt collection it is illegal if debt collectors contact any third parties (i.e. the debtors’ neighbours), process the debtors’ close relatives’ personal data, process the debtors’ health related personal data (i.e. sickness or other medical condition) and any other sensitive information relative to the debtors’ whereabouts (i.e. whether the debtor is imprisoned or in pre-trial detention) or collect personal data beyond the purposes that are strictly necessary for debt collection.

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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