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The tariff war has crossed over to the film industry – what now?
The recent announcement by U.S. President Donald Trump authorising the U.S. Department of Commerce, and the U.S. Trade Representative to immediately begin the process of instituting a 100% tariff on any and all movies produced outside the United States has the potential to shake the global film industry to its core. It is almost reminiscent of a war movie, where a U.S. soldier—a paratrooper—misses the planned landing zone and falls into unknown territory. While the newly announced tariff appears to be part of its broader strategy to revive domestic production and the implications could be far-reaching, the actual details of the tariff in question are not yet known. Trump’s decision could have a major impact on
Consumer Law Update – CJEU rules that a price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days
On 26 September, the Court of Justice of the European Union ("CJEU") issued its much anticipated decision in the case Aldi Süd (C-330/23) concerning the announcement of price reductions in an advertisement. At issue was whether a price reduction announced in an advertisement must be calculated on the basis of the lowest price in the last 30 days, or whether the price reduction can be calculated from another price, with the information on the lowest price in the last 30 days being provided together with the reference price for calculating the reduction (as an additional figure). The CJEU concluded that that a price reduction announced in an advertisement must be determined on the basis of the lowest price applied
Czech Republic is preparing a new incentive scheme for the video games industry
The Czech Republic will soon join a group of European countries that offer incentives to the video games industry. The video games industry has been one of the fastest growing sectors in the Czech Republic in recent years, and enjoys an excellent reputation worldwide – despite the lack of any kind of state support. However, this will likely soon change with the adoption of an amendment to the Czech Act on Audiovision (the “Amendment”). Some of the most significant new changes introduced by the Amendment are the transformation of the current Czech Film Fund into the Czech Audiovisual Fund (the “Fund”) and the extension of the state incentive system to include the video games industry. According to the Amendment
Kinstellar has successfully advised Edwards Lifesciences in the area of data protection
Kinstellar has recently provided expert legal advice to Edwards Lifesciences, a global leader in medical innovations for heart disease, as well as critical care and surgical monitoring, through a secondment arrangement, focusing on data protection. This collaboration ensured that Edwards Lifesciences navigated complex data protection regulations effectively, safeguarding their business interests and maintaining compliance with applicable laws. The expert legal advice was provided by Simona Semanová, with further support from our Kinstellar team in Prague led by Tomáš Čihula and Petr Bratský.
Kinstellar advises Dig Ventures on significant investment into mobile app security innovations
Kinstellar's Prague office successfully advised Dig Ventures on a strategic investment into Talsec, a Czech startup specializing in mobile application security, as part of Dig Ventures’ efforts to expand its global presence and support further innovation in its security solutions portfolio. Talsec, which originated as a spin-off from technology company Monet+, has demonstrated substantial organic revenue growth over the past two years. The company develops specialized tools that protect mobile applications from hacking threats, conceal sensitive information, and identify malicious software. Talsec’s solutions are already helping to secure over a thousand apps from various companies, including insurers like Generali
Loot boxes – still a mystery in CEE?
The recent resolution of the European Parliament on video games calls on the European Commission to take the necessary steps to bring about a European approach to loot boxes which could lead to more restrictive regulation. Kinstellar’s TMT team looked into the national framework for loot boxes in Bulgaria, Croatia, Czech Republic, Hungary, Romania, Serbia, Slovakia, Turkey, Ukraine to conclude that, while no specific local laws exist, the developments around gambling regulation should be monitored, as loot boxes have already been discussed in the context of national rules on gambling in some countries. Click on this link or the image below to read an overview prepared by our TMT experts in each jurisdiction.
Unpacking the European Parliament’s Recent Resolution on Online Video Games
Last week, the European Parliament (“EP”) adopted a resolution on online video games (the “Resolution”) . In essence, the Resolution calls for strong enforcement of consumer protection rules in the video game industry, requires stricter regulation of loot boxes and emphasizes the enormous potential of the gaming sector. Download in English: In case of any questions with respect to the above, our specialists are standing by to offer guidance and counsel.
NIS 2 Directive – What you need to know
On 27 December 2022, the Directive on “measures for a high common level of cybersecurity across the Union”, repealing Directive (EU) 2016/1148 (the “NIS 2 Directive”), was published in the Official Journal of the European Union. The NIS 2 Directive builds on a previous NIS Directive adopted in 2016 expanding its scope to other entities. Due to a rising number of cybersecurity incidents as well as ongoing increased digitalization, the aim of the NIS 2 Directive is to cover more economic sectors and to introduce additional security and reporting requirements across all EU Member States. Member States will have until 17 October 2024 to transpose the NIS 2 Directive into their national laws. Our specialists
Czech Republic: Major consumer-related amendment to the Civil Code and the Consumer Protection Act
On 6 January 2023, a so-called “major consumer-related amendment” to the Civil Code and the Consumer Protection Act will come into force. The amendment (the “Amendment”) significantly strengthens the position of consumers, responds to digital technologies and introduces a number of changes, in particular for businesses engaged in e-commerce. The Amendment also introduces significant fines for non-compliance with the new rules (in millions of Czech Crowns; in some instances up to 4% of total annual turnover). In this context, adapting purchasing processes and preparing the relevant legal documents will be critical (for instance terms and conditions, complaints procedure policies and information displayed on websites).
The Digital Services Act – an overview of the new online intermediary liability rules
An intense effort to agree on unified directly applicable European rules for digital services is finally yielding results. On 5 July 2022, almost two years after their introduction by the European Commission, the European Parliament adopted in the first reading the Digital Services Act (DSA) and Digital Markets Act (DMA), following an earlier deal reached between the Parliament and the Council of the European Union on 23 April and 24 March 2022, respectively. Both the DSA and DMA are landmark rules with the potential to fundamentally change the way digital services are provided within the European Union (EU). In this installment, we look at the DSA, which updates the rules for online intermediary liability 20 years on from
Kinstellar hosts webinar on current developments in the CEE life sciences & healthcare sector
On 14 June 2022, Kinstellar hosted a webinar centred on current developments in the life sciences & healthcare sector across Central and Eastern Europe. We covered some of the most relevant and pressing topics currently impacting the life sciences & healthcare landscape, including (i) sector inquiries by local competition authorities in the area of life sciences; (ii) price reduction announcements and their relevance for the CEE pharma sector; and (iii) legal challenges on the use of artificial intelligence across the life sciences industry. Presentations were made by Tomáš Čihula, Eszter Takácsi-Nagy, Péter Vörös and Petr Bratský. Below we provide a brief summary: Sector inquiries
Czech Cyber Security Agency Issues Warning on Use of Smart Meters from Non-EU/NATO Countries
On Monday, May 30, the Czech National Cyber and Information Security Agency (NÚKIB) issued a fresh warning on potential cybersecurity threats stemming from the use of energy-related technical or software smart metering tools (i.e. smart meters) that do not come from countries deemed to have “trustworthy” legal environments (report available in English here). Assessing the most recent risk to be “High” the NÚKIB’s warning called on so-called obligated entities to “immediately start preparatory work to deploy technology enabling the required level of direct metering,” – meaning types B, C1, C2 or C3, as per the Czech government’s Decree No. 359/2020, on electricity metering. The NÚKIB utilised an existing