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Council of Europe Summit creates the International Register of Damage Caused by the Russian Aggression against Ukraine
The Council of Europe announced the establishment of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine through an Enlarged Partial Agreement dated 12 May 2023. The Register is signed by 43 member states of the Council of Europe and representatives of the European Union, the USA, Canada, and Japan. Click on one of the images below or click on the following links to read in English or in Ukrainian. Download in English: Download in Ukrainian:
Hungarian parliament adopts new Whistleblowing Act
The Hungarian parliament has adopted a new law implementing the EU directive on the mandatory protection of (even anonymous) whistleblowers, which in many respects imposes stricter rules on companies and puts whistleblowers in a more favourable position. The new law, which repeals the previous rules on complaints and whistleblowing, poses significant challenges to most of the companies concerned; however, it is also in the interest of the companies to have an efficient whistleblowing system, as management may obtain information from whistleblowers and correct underlying problems that could result in serious sanctions for the company if detected by authorities, or the correction could serve to increase operational efficiency. Below
Reform of the “judicial map” of the Slovak Republic
From 1 June 2023, the so-called reform of the “judicial map” of Slovakia enters into force, which according to its proponents should bring faster and better decision-making by the courts and ensure better working conditions for judges. The basic premise of the reform is the specialisation of judges and courts under five main agendas—family, civil, criminal, commercial, and administrative justice. The reform is intended to increase the efficiency of the administration of justice and will lead to several changes: the dissolution of several existing courts, the creation of new courts, and the transfer of agendas between individual courts. The reform of the “judicial map” consists of two laws: (i) Act no. 150/2022 Coll.
Uzbekistan introduces amendments to banks’ capitalisation requirements and liberalises access to their ownership by non-residents
On 19 April 2023, the President of Uzbekistan signed law No. ЗРУ-831, which came into force on 20 April 2023 and introduced changes to the law “[o]n banks and banking activities” (the “Amended Banking Law”). Law on Banking The Amended Banking Law (i) increases the minimum charter capital requirement for banks and (ii) lifts certain restrictions on ownership of bank shares by non-residents of Uzbekistan. Increased charter capital requirements The Amended Banking Law increases the requirements for the minimum amount of charter capital of banks in Uzbekistan from UZS 100 billion to UZS 500 billion (from approximately USD 8,780,000 to USD 43,898,000 as of 1 May 2023) within the following timeline:
Five years of GDPR: An overview of GDPR implementation in Romania
As May 2023 marks the fifth anniversary of the implementation of GDPR[1], we have prepared an overview of the five years of regulatory struggle in Romania since the regulation came into effect. By examining the value of the sanctions and the types of violations, we can identify some regulatory trends of the local practice. Statistics on fines In the first year of GDPR (i.e., May 2018–May 2019), the Romanian Data Protection Authority (“the Authority”) did not issue any fines, but only recommendations[2], even if a significant number of ex-officio investigations were performed (namely 336). This was a year of accommodation. In the following years (May 2019–end of 2021), the Authority continued to carry
Setting up operations in Slovakia
Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in counties such as Ukraine or Moldova are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Bratislava has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Slovakia. Download in English: Download in Ukrainian:
Ukraine introduces a new law to strengthen IP rights protection
A new Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Strengthening the Protection of Intellectual Property Rights” No. 2974-IX (the “Law”), entered into force on 15 April 2023. The Law’s aim is to strengthen IP rights protection in Ukraine and harmonise Ukrainian intellectual property legislation with EU standards on the protection of IP rights. Click on one of the images below to read the overview of the main changes introduced by the law or click the following links to read in English or in Ukrainian. Download in English: Download in Ukrainian:
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 below on overview prepared by our TMT experts in each jurisdiction.
Czech Senate to approve the New Amendment to the New Building Act
An amendment to Act no. 283/2021, Building Act (the “New Building Act”) has been approved by the Chamber of Deputies, bringing key changes to Czech construction laws and permitting processes (the “New Amendment”). The New Amendment has been passed to the Senate, which should approve it shortly. The original New Building Act, representing a major change of Czech building regulations, was adopted back in July 2021. The law introduced key changes, for example creating a new system of building authorities, consolidating permitting into a single per-project permit, and introducing limitations on the appeals process. However, mostly due to political reasons the effectivity of the law’s key provisions was postponed to
Two new recent normative acts impacting the activity of employers in Romania
Early 2023 is shedding light on how to implement the numerous changes to Romanian labour law that occurred during 2022. In addition, at the EU level, a new directive which is set to come into force provides for equal pay for women and men. Collective bargaining in Romania at the sector level On 29 March 2023, Romania’s Ministry of Labour and Social Solidarity adopted Order no. 798/2023[1] regarding the procedure for the classification of business units to sectors in collective bargaining. Law no. 367/2022 on social dialogue[2] provides that collective bargaining agreements may also be negotiated at the sector level, and therefore it was necessary to adopt a subsequent procedure to determine the allocation
Current eHealth trends in CEE and Turkey
The healthcare industry in Central and Eastern Europe and Turkey is undergoing a digital transformation, with telemedicine at the forefront. Governments and healthcare providers are adopting digital solutions to improve medical services and support healthcare system digitization, which can increase efficiency, reduce costs, and improve access to healthcare. Click on this link or the image below to read the overview put together by a team of our experts led by Partner Tomáš Čihula.
Slovak court orders public health insurance provider to pay EUR 2 million for the medicinal product Zolgensma, citing discrimination
Zolgensma[i] is an orphan medicinal product designated by the European Medicines Agency for the treatment of spinal muscular atrophy (“SMA”), a long-term debilitating and life-threatening disease that causes breathing difficulties and paralysis that worsens over time. Zolgensma, which has been authorised in the EU since 18 May 2020, was developed by AveXis EU, Ltd. and later acquired by Novartis. On 13 March 2023, the Bratislava V District Court issued an injunction against public health insurance provider Všeobecná zdravotná poisťovňa (General Health Insurance, "VsZP"), ordering it to pay for Zolgensma, which is not reimbursed by the Slovak public health insurance system. This is the first court decision ordering