Kinstellar

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 […]

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 […]

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, […]

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 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. […]

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 […]

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 […]

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. At the beginning of 2023 the European Parliament (EP) adopted a resolution on online video games The EP notes […]

aA 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 […]

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 […]

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 […]

The Bulgarian Parliament has passed an Act on protection of persons who report breaches or publicly disclose information on violations (the “Whistleblowing Act”, the “Act”), implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The Whistleblowing Act will become […]

he Law of Ukraine “On Payment Services” creating a new legal landscape for the provision of payment services in Ukraine, came into force on 1 August 2022. At the same time, certain provisions of the law, which mostly relate to open banking, will become effective in 2025. Read more

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 […]

The Act on Amendments to the Labor Act in Croatia entered into force on 1 January 2023 and brings numerous changes that require employers to make certain adjustments. In our newsletter, we provide an overview of the most important changes to the Labor Act that relate to the obligation to harmonize the Rules of Procedure […]

Unlocking the value of intellectual property (IP) Hardly anyone could argue against the constantly increasing importance of IP to companies. IP not only affects the business models of companies but also brings additional value to the table (e.g., in addition to its client list and personnel, a target offers proprietary software solutions facilitating and supplementing […]

On 21 February 2023, the Ministry of Economy of the Slovak Republic (“the Ministry”) published a call for the submission of applications for a subsidy to cover additional costs due to the increase in gas and electricity prices (“the Call”). The aim of the Call is to compensate qualifying companies and natural persons (entrepreneurs) for excessive energy […]

Engaging employees and contractors requires different approaches. In this article, we’ll explore the key aspects of each and provide insights on best practices for collaboration. Whether you’re a manager, a recruiter, or a worker, this article can help you make informed decisions about employment relationships and contractor partnerships. Click on this link to read more.

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. The EU-wide video gaming industry is viewed […]

A new law on social dialogue has recently been adopted in Romania, Law No 367/2022 on social dialogue 1 (“Law No. 367/2022“), repealing the previous regulation, Law No. 62/2011. The new law on social dialogue is a true game changer and brings four significant reforms, respectively: the obligation to perform collective bargaining at both the […]

An amendment to the Czech Labour Code is expected imminently. This Monday, following the closing of an input window as part of an interdepartmental feedback procedure, the Ministry of Labour and Social Affairs published an updated draft amendment to the Labour Code Read more

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 […]

Investing in crypto assets is a high-risk activity. The existing structure of the crypto market, its supervision and its participants, is currently such that it cannot guarantee the security of funds, even for the customers of the best-known and, seemingly, best-protected exchanges. Given these inherent risks, there are several aspects that should be considered when […]

On 1 January 2023, the euro became the official currency of the Republic of Croatia. As a result, a number of laws in Croatia have been amended. The changes mostly apply to amounts that were previously regulated in Croatian kuna. The amendments to the Companies Act prescribe the conversion of share capital from kuna to euro as […]

A new Competition Act entered into force in Kosovo in summer 2022. The most important change introduced by the new Competition Act is the change of the merger control threshold. A new Competition Act entered into force in Kosovo in summer 2022. The most important change introduced by the new Competition Act is the change […]

The Romanian government has adopted secondary legislation for the organisation and functioning of the FDI Screening Commission (the “CEISD”)—the authority tasked with the review of foreign investments under Romania’s new foreign direct investment (“FDI”) regime. Specifically, the government adopted Government Decision no. 1,326/2022 approving the Regulation on the functioning of the CEISD, which came into […]

What do you do if your country is invaded, your parents and kids are killed when trying to escape the occupation, your wife is gang-raped, and you are beaten to death because you speak a language the invaders hate? What do you do if the invaders have looted your house, plundered your farm, or taken […]

In the era of digitalisation, the labour market is also experiencing continuous transformation. This causes a rethink of traditional labour relations, as well as the adoption of strategies to increase competitiveness and flexibility at work while maintaining a high level of social protection for employees. In order to align the legislative framework in Europe to […]

On 4 October 2022, the Slovak parliament adopted an amendment to the Labour Code (the “Amendment”) that enters into effect on 1 November 2022. The aim of the Amendment is mainly to implement two EU directives (No. 2019/1152 on transparent and predictable… Read more

If a German tourist withdraws cash from an ATM in Prague, the ATM screen may display a choice whether the tourist’s euro account should be charged in the currency of their account (i.e., euro), or in the local currency – Czech koruna. If the tourist chooses the former, they opt for the so-called Dynamic Currency […]

New important amendments to the Labour Code, the Social Insurance Code and the Health Insurance Act have come into effect in Bulgaria. They include changes to parental leave, work-life balance measures, shorter trial period, new timing and procedures for amendments to employment agreements, limited non-compete, and the provision of information and training programmes. Read more […]

The war in Ukraine has now passed the 183-day mark. This unfortunate milestone is a reminder to employers with a dispersed workforce of Ukrainian refugees to take a look at the status of these employees. Under many tax treaties mirrored after the OECD Model Treaty, the 183-day period implicates a significant threshold: individuals temporarily present in the […]

If a German tourist withdraws cash from an ATM in Prague, the ATM screen may display a choice whether the tourist’s euro account should be charged in the currency of their account (i.e., euro), or in the local currency – Czech koruna. If the tourist chooses the latter, they opt for the so-called Dynamic Currency Conversion (DCC) service. DCC is […]

On 18 August 2022, the President of Ukraine signed the new Law “On Joint Stock Companies” No. 2493 (“the Law”). It will enter into force on 1 January 2023. The Law was enacted to ensure the fulfilment of Ukraine’s obligations under the Association Agreement with the EU regarding the harmonisation of national legislation with EU legislation […]

The rapid growth of online shopping as a result of the COVID-19 pandemic has led to an increased demand for different payment options for consumers at the checkout. One such option that is increasingly popular with consumers is the “buy now, pay later” (“BNPL”) solution. The hot trend in consumer credit BNPL allows consumers to defer the payment […]

In the context of a looming post-COVID-19 financial crisis, exacerbated by the Russian intervention in Ukraine, soaring energy and fuel prices, and rapidly rising inflation, the Romanian government has recently adopted Government Emergency Ordinance 84/2022 on combating speculative actions and amending and supplementing certain normative acts (the “GEO”). The GEO was published in the Official Gazette on […]

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 […]

June 2022 – The global community is considering various legal and other reactions to the unprovoked, unjustified, and aggressive war launched by the Russian Federation and its satellites against Ukraine. Among potential steps on the table are the inclusion of the Russian Federation to the Black List being administrated by the Financial Action Task Force (the FATF) […]

June 2022 – The global community is considering various legal and other reactions to the unprovoked, unjustified, and aggressive war launched by the Russian Federation and its satellites against Ukraine. Among potential steps on the table are the inclusion of the Russian Federation to the Black List being administrated by the Financial Action Task Force (the FATF) […]

June 2022 – The rapid growth of online shopping as a result of the COVID-19 pandemic has led to an increased demand for different payment options for consumers at the checkout. One such option that is increasingly popular with consumers is the “buy now, pay later” (“BNPL”) solution. The hot trend in consumer credit BNPL allows consumers to defer […]

With France and Austria deciding on data protection issues in relation to Google Analytics, many more countries have followed suit in relevant changes to so-called web browser cookies. In order to limit the amount and quality of data retrieved by providers from users, mainly without them realising the true scope of this data and the […]

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 […]

Since the outbreak of the war in Ukraine, there has been a plethora of new legislation establishing mechanisms for an adequate political and legal response to Russian aggression against Ukraine. Another such mechanism was introduced on 13 May 2022, when the Parliament of Ukraine adopted a new law amending the existing sanctions legislation. The law enacts a new type […]

In response to Russia’s ongoing invasion of Ukraine, the European Union continues (along with other countries) to announce additional sanctions against the Russian Federation and Belarus. Presently, sanctions include, inter alia, bans on the export and import of certain types of goods, doing business with sanctioned individuals and companies and restrictions on new investment activities in […]

May 2022 – The sale of the generated electricity by renewable energy generators through market-based long-term power purchase agreements (PPAs) is a fairly new phenomenon in the Hungarian electricity market. Whilst PPAs have already been concluded between conventional power plants and off-takers in the past, the interest towards renewable PPAs has only started to increase recently, […]

Following the introduction of martial law in Ukraine on 24 February 2022, registration actions were significantly limited and the registration of presence of foreign NGOs was suspended. On 28 April 2022, the CMU introduced further legislative amendments that have expanded the list of available registration actions. Below we provide important highlights related to the new […]

On 31 December 2021, Government Emergency Ordinance no. 143/2021 amending the Romanian Energy Law no. 123/2012 (the “Energy Law”) and other normative acts was published in the Official Gazette (“GEO no. 143/2021”) and entered… Continue reading

March 2022 – Recently, the Parliament of Ukraine has adopted a law on the nationalisation of property belonging to the Russian Federation and its entities in Ukraine. Continue reading

March 2022 – While we hope that there will be no need to use the below manual, we want to ensure that companies are aware of the steps to take if their property in Ukraine is damaged as a result of the Russian invasion. Continue reading

April 2022 – 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… Continue reading

As previously reported, eHealth (including telemedicine) has been one of the fastest growing areas within the healthcare sector over the last two years. Governments as well as healthcare sector operators across Central and Eastern Europe and Turkey continue to implement new solutions with a view to improving the provision of healthcare services and to enhance […]

Open banking is changing the way people use banking services in the modern world. Europe prides itself on being the cradle of the open banking revolution, with the EU’s Payment Services Directive[1] (PSD2) being one of the first regulatory initiatives to open up bank-held account data. PSD2 has been in force now for more than four […]

January 2022 – On 18 January, Kinstellar’s Prague team hosted an online conference for our client’s senior management as well as for our partners and local institutions entitled “Changes to Legislation 2022″. As we have been receiving information about new laws, decrees, regulations and directives literally every day, we decided to help our clients and partners […]

December 2021 – The Government of the Czech Republic has extended its “Antivirus” programme, offering employment protections for businesses affected by the ongoing Covid-19 pandemic. Antivirus provides a partial reimbursement of employee remuneration costs incurred as result of an inability to allocate work due to certain so-called barriers on the part of the employer or the […]

December 2021 – Ukraine is strengthening its position as an IT hub of choice by adopting new legislation aimed at creating favourable tax and legal conditions for tech companies operating in the country and fostering further investment in the sector. On 14 December 2021, the Ukrainian parliament adopted draft law No. 5376 “On amendments to the Tax Code […]

A recent article in Ukrainian legal affairs newspaper “Yurydychna Praktyka” (“Юридична Практика) features the comments of three Kinstellar experts—Vincent Morand (Senior Legal Advisor based in Prague), Oleksandr Kurdydyk (Partner and Head of Banking and Energy & Natural Resources in Kyiv, firm-wide Head of Projects & Infrastructure, and firm-wide Co-head of Energy & Natural Resources) and Yuliia Eismont (Senior Associate in […]

On 8 October 2021, an amendment to the Act on Addictive Substances (the “Amendment”) was published. The Amendment is designed to expand the possibilities for cultivating medical use cannabis to a broader range of subjects, including natural person entrepreneurs, thus increasing its availability to Czech patients. It is expected that increased production will lead to […]

June 2021 – On 4 June 2021, the European Commission updated its standard contractual clauses for transfers of personal data to third countries and also released new standard clauses for controller-to-processor relationships. As data transfer standard contractual clauses (“SCCs”) can easily be incorporated into data processing agreements, they represent a widely sought-out mechanism for businesses […]

On 4 May 2021 the Slovak parliament adopted Act No. 215/2021 on compensation for shortened work, widely known as Kurzarbeit (the “Act”). The Act aims to ensure that the state will partially compensate employer costs for employee wage compensation during periods of shortened work caused by external factors (the “Subsidy”). The Act will become effective as of 1 January 2022, as […]

June 2021 – On 4 June 2021, the European Commission updated its standard contractual clauses for transfers of personal data to third countries and also released new standard clauses for controller-to-processor relationships. As data transfer standard contractual clauses (“SCCs”) can easily be incorporated into data processing agreements, they represent a widely sought-out mechanism for businesses to ensure data protection […]