Gudrun Stangl has been promoted to Equity Partner and Arabella Eichinger has been promoted to Contract Partner at Schoenherr in Austria.
This overview aims to highlight selected potential Polish law issues related to liability for damages caused by machine learning algorithms (MLA) which an entrepreneur operating, buying or selling a business based on MLA may face and should consider. Needless to say, the civil law liability touched upon here is not the only liability regime which should be borne in mind. For the sake of clarity, however, matters related to specific sector regulation (e.g. for medical devices), intellectual property rights, GDPR as well as criminal liability are not addressed below, although they are equally important for MLA-based business.
In Hungary, as is the case in other EU countries, recent economic growth has been accompanied by a labour shortage. This is largely due to Hungarian workers emigrating to other EU countries in search of higher wages and better living standards. According to statistics, approximately 5% of the country's working-age population has emigrated to other EU countries in recent years.
On 1 December 2018 the new Insurance Distribution Act (the "Act") became effective in the Czech Republic. It replaces the still effective Act No. 38/2004 Coll., on Insurance Intermediaries and Loss Adjusters, as amended ("IILA"), and implements the plan envisaged by the European Parliament and the Council (EU) Directive 2016/97 on insurance distribution (revised version) ("IDD"), even if a little later than anticipated.
Under the GDPR, every data controller that processes personal data through a data processor must conclude a GDPR-compliant data processing agreement with the processor. Parties may seek to negotiate the allocation of liability and shift it towards the other party. When doing this in Romania, we look at the interplay with the rules of the main forms of liability set out in the law.
Gun jumping refers to premature enforcement of a merger before obtaining clearance from the competition authority. While most companies are aware of this interdiction, it can be difficult to balance the scope of the competition standstill obligation during the pre-closing period and the measures taken by the acquiring company to protect the value of a target.
The Hungarian Competition Authority (HCA) cleared the acquisition of sole control over Invitel Távközlési Zrt ("Invitel") by Digi Távközlési és Szolgáltató Kft ("DIGI") conditionally - with commitments - in May 2018. A few months later, it established that DIGI had intentionally misled HCA officials and therefore revoked the decision and imposed a fine on DIGI of HUF 90 million (approx. EUR 280,000). It then reopened the proceeding to assess the relevant markets affected by the misleading information. Revoking a merger clearance decision is not without precedent in the HCA's recent practice, as the HCA has invoked three clearance decisions in the last two years. What is new, however, is that the HCA granted a derogation from the suspension clause to prevent negative market consequences from interfering with the already closed transaction. The HCA also resorted to a dawn raid during the original proceeding, which is a new instrument in merger control cases.
The most recent article in our Efficient Arbitration Series looked at how document production, when handled properly, could save time and costs in arbitration proceedings. In this article, we continue to add tools to our efficiency box by considering a new set of procedural rules that will soon become available: The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration ("Prague Rules").
With uncertainties surrounding a "no deal" Brexit meanwhile culminating in fears of a "super hard" Brexit, financial institutions in the UK, the EU27 and beyond are eager in search of solutions that preserve continuity of contracts and that contain the numerous legal and regulatory risks for institutions on both sides of the Channel.