News

17.11.2022 - Alliance: Is your company a "Gatekeeper"? Digital Markets Act News

The applicable e-commerce policy is over 20 years old. That is why the European Union launched a regulatory package for online platforms a few years ago.

19.10.2022 - Alliance: Remote Work: Revolution in the labour market through hybrid forms of working

Working from home, New Work, flexibility, self-organisation, trust-based working hours. These (and other) terms describe what is no longer a vision of the future or a mere phenomenon. Day-to-day working life has fundamentally changed in the last two and a half years at the latest since the start of the coronavirus pandemic, which acted as a catalyst in this respect.

22.09.2022 - Alliance: A bird's eye view of the law: The commercial use of unmanned aircraft

The development and commercialisation of drones is making relentless progress. Due to the wide range of applications and the rapid technical advances, unmanned aircraft – or “UAS” (=Unmanned Aircraft System) for short – are predicted to be a promising future.

05.07.2022 - Alliance: What to do if the company is hacked? Actions from a legal perspective.

In case of a hacking attack, unauthorised attackers attempt to access external PCs, notebooks, smartphones, tablets or even entire corporate networks. Since the frequency of such attacks has increased massively in Europe over the past year, in this article we look at the successful hacker attack from the outside, which encrypts the affected systems in such a way that the company can no longer access its system at all.

23.05.2022 - Alliance: Digital Revolution & Legal Evolution – copyright and related IP rights in the digital domestic market

Cryptocurrency, big data, artificial intelligence, data theft, cloud, virtual, augmented, or mixed reality, cyber warfare, telemedicine, social media, autonomous driving, Industry 4.0, Criminal Law 4.0, NFTs – these are not the only issues that are bringing about the era of the fourth so-called digital revolution. Each of these digital changes is bringing new challenges to all facets of society – the link between law and technology is one of the biggest. An example that illustrates the special relationship between legal and digital technologies very well are NFTs (non-fungible tokens).

14.04.2022 - Alliance: The current turning point – Force Majeure and loss of the basis for business

The "current turning point" in connection with the Russian war of aggression on Ukraine has not only a political but also perhaps an even greater economic dimension. The sharp rise in the price of raw materials and energy has led to a dramatic increase in costs for companies. The interruption of supply chains often causes production downtimes in industry. Despite all the harmonisation of laws that has taken place in the last 20 to 30 years, especially in the European legal sphere, this issue has remained untouched by efforts at legal standardisation. The reason for this was apparently a lack of topicality. Therefore, with this article, we provide an overview of how this topic is handled legally with regard to three key questions in the respective countries of our partner law firms.

01.03.2022 - The commercial use of unmanned aircraft in the Czech Republic

In the Czech Republic, no separate laws were adopted, and the new EU regulations were implemented by adapting the laws already in place. Perhaps the biggest change from the previous legal situation is the obligation to register. The registration requirement applies to all operators of unmanned aircraft systems whose operation poses risks to the privacy, health, protection of personal data, protection against unlawful acts, or the environment.

09.02.2022 - Alliance: The Digital Service Act and the upcoming reform of the digital services

Already in 2020, the European Commission presented the draft for a new EU regulation on a single market for digital services, through which the latest developments in the field of digital services are to be incorporated and regulated at EU level. The proposal aims at better protection of consumer rights in the digital environment and at the joint internal market-related enforcement potential of the EU Member States.

07.01.2022 - Alliance: New alliance office in Bodrum

We are pleased to announce that SCWP Schindhelm Services SE, alliance of European business law firms, has opened a new office in Bodrum. Our 230 lawyers at 31 locations in 14 countries will thus support you with international competence, commitment and valuable local experience in every one of your projects.
 

03.01.2022 - Digital Revolution & Legal Evolution in the Czech Republic

The amendment of the Copyright Act implementing the EU Directive on Copyright in the Digital Single Market has reached the Chamber of Representatives of the Czech Parliament. This is currently being discussed in the responsible committees and the plenary of the Chamber of Representatives. The President’s final signature is expected for Autumn 2022. The basic protection of copyright (and thus the protection of authors of works against computer piracy) in criminal law is guaranteed by Act No. 40/2009 Coll., the Criminal Code.

01.01.2022 - Force Majeure and loss of the basis for business in the Czech Republic

According to the rules of the Czech Civil Code, in the event of a material change of circumstances, each party has the right to demand that the other party resume negotiations on the contract already concluded. However, the prerequisite for such a step is that such a change represents a particularly gross disproportion in the rights and obligations of the parties by disadvantaging one of them either through a disproportionate increase in the cost of performance or through a disproportionate reduction in the value of performance.

01.10.2021 - Alliance: New alliance office in Imola

We are pleased to announce that SCWP Schindhelm Services SE, alliance of European business law firms, has opened a new office in Imola. Our 230 lawyers at 30 locations in 14 countries will thus support you with international  competence, commitment and valuable local experience in every one of your projects.

21.09.2021 - Alliance: Justitia 4.0 – the pros and cons of digital court proceedings and notarial records

The contact restrictions introduced to contain the coronavirus pandemic have led to considerable upheavals in legal practice in many European Union countries. In particular for the areas of forensic activity and the creation of notarial documents, the irrevocable principle of attendance in person has continued to apply practically without restriction disregarding the progress in communication made possible by progressing digitalisation - whether it is to be able to get a personal picture of the parties (court proceedings), whether it is to confirm the personal identity of the persons appearing without doubt (notarial documents).

15.03.2021 - Justitia 4.0 – the pros and cons of digital court proceedings and notarial records in the Czech Republic

Until recently, the digitalisation of the justice system in the Czech Republic had no priority. However, the coronavirus pandemic has required a change in the current procedure both in court matters and in notarial matters. The necessary amendments to the law have already been made, but have not been applied in practice yet; the digitalisation of justice is expected to be completed by 2024.

15.12.2020 - Schindhelm Brexperts – your contact for all Brexit related legal issues

Together with its cooperation partners in the UK, the Schindhelm Alliance has an international team of lawyers with many years of experience in supporting international companies in the UK market and who develop effective tailor-made solutions to all Brexit-related legal issues.

22.11.2019 - Austria: On the termination of the lease due to considerably detrimental use

According to Sec. 1118 ABGB (Austrian Civil Code), the lessor can terminate a lease unilaterally prematurely if the lessee makes a “considerably detrimental use” of the leased object. The scope and content of these legal provisions is a constant source of discussion. The mere performance of structural alterations by the lessee without the consent of the lessor does not in itself justify a good cause for the termination of the lease.

22.11.2019 - Turkey: Changes in subsidy law

State aid is granted on the basis of various criteria. The region or the economic sector in which the investment is made is decisive, but also the strategic importance of the investment and the level of the investment volume. Investments in structurally weak regions receive higher subsidies than investments in industrial areas. For the award of grants, a distinction is made between six different regions.

22.11.2019 - Slovakia: New law on whistleblowing

“Whistleblower” - people who point out violations of the law - will be protected even more in the future. This is the aim of a new law that came into force a few months ago. The new regulation adds to already existing provisions on the protection of whistleblowers in the employment relationship.

22.11.2019 - Italy: The new law on corporate crises as a “work in progress”

A new law on company crises has significantly changed the rules applicable to limited liability companies in this respect Among other things, the liability of the company’s management was tightened. Furthermore, the tasks of the supervisory body were expanded. The reform’s true impact remains to be seen: Will there be a change in corporate culture or will there be an increase in corporate crises?

22.11.2019 - Europe: Liability of the operator of a website for the Facebook “Like Button”

The European Court of Justice (ECJ) recently ruled on the long-discussed question of whether and how website operators can integrate the Facebook Like button (so-called “social plug-in”) in accordance with data protection requirements.Th ECJ’s investigation results from a legal dispute between the Consumer Association of North Rhine-Westphalia and a subsidiary of Peek & Cloppenburg KG.

22.11.2019 - Europe: Implementation of the EU trade secrets directive

The new “Law on Trade Secrets” now implements the so-called “EU Trade Secrets Directive”. This adopts the European legal requirements for the protection of confidential know-how and secret business information. Moreover, the new legal provisions contain limitation periods and important procedural provisions for the protection of trade secrets in court proceedings.

22.11.2019 - Austria: Even more transparency for transparent companies

State and corporate compliance obligations to combat money laundering and terrorist financing remain an utmost priority for EU member states. Companies (“legal entities”) have therefore been obliged to disclose their “beneficial owners”, among other things, for quite some time. In Austria, a separate database - the “Beneficial Owners Register” - was set up for this purpose. In course of the implementation of the 5th EU Money Laundering Directive, further tightening measures have now been adopted.

25.06.2019 - Turkey: The mandatory mediation procedure in Turkish law - labour law and commercial law suits

Justified by the goal of solving legal disputes in a fast and economical manner without filing lawsuits and thus relieving the overloaded Turkish courts, a mediation procedure is implemented as a mandatory pre-condition for filing a lawsuit according to Turkish labour and commercial law.

25.06.2019 - Spain: Simplification of establishing a company

The law 11/2018 dated 28 December has been in force since the beginning of the year. This selectively modifies the Commercial Code, the Stock Corporation Act and the Law on Auditing.

09.01.2019 - Austria: New protection of business secrets - entrepreneurs must act.

Companies invest in know-how, from which there are important competitive advantages. Valuable information is the currency of the knowledge-based company. Maintaining confidentiality of business secrets is therefore a management instrument for competitiveness and research innovations. The loss of secrets can result in serious consequences, in particular, and generally can no longer be reversed.

22.11.2018 - Germany: no d&o protection for gmbh managing directors for payments after maturity of insolvency

If a Gmbh makes payments after it becomes insolvent, the Managing Directors are personal-ly liable vis-à-vis the company, regardless of the internal allocation of responsibilities.

22.11.2018 - Turkey: The decree to protect the value of the Turkish currency – limitation of foreign currency and foreign currency indexed contracts

The presidential decree no. 32 issued on 12/09/2018 to protect the value of the Turkish cur-rency ("Decree") sets the limitation of foreign currency and foreign currency indexed contracts and stipulates that these contracts must be converted within 30 days into Turkish Lira (“TL”).

22.11.2018 - changes in the payment of sick leave and consequences for the employer

In the Czech Republic, as of 01/07/2019, employees should already be entitled to sick leave from the first day of their inability to work.

28.06.2018 - Bulgaria: New requirements for company sale and insolvency

As in the past, in the case of company sales, the seller has repeatedly neither paid salaries due nor paid social security contributions due for employees, the Bulgarian Commercial Code was amended accordingly by three successive amendments in December 2017, February and March 2018.

28.06.2018 - Austria: E-allocation and safe linking by means of hash value

The electronic transmission of tenders in the award procedure is nothing new and was already standardised in the Federal Procurement Act 2006 both for the classical area and for the area of sector contractors.