In case of multinational company groups, it is not always easy to determine the capacity in which individual members of the group participate in the processing of the employees’ personal data. Moreover, the company group may use external service providers for certain aspects of the data processing which further complicates the situation. In this article you will find some guidance on how to decide who is a controller, a joint controller or a processor.

Smartlegal Schmidt&Partners reports from Hungary:

What fines can be imposed if a foreign investor breaches the Hungarian General or Temporary Regime regulating the FDI screening procedures? What remedies are available to the foreign investor under the Regimes? In the last part of our FDI article series, we answer these questions.

Smartlegal Schmidt&Partners reports from Hungary:

Hungarian companies affected by the Cybersecurity Certification Act have only until 31 December to comply with their obligation to enter into an agreement with an auditor to conduct a cybersecurity audit. Read this short article to find out who shall engage an auditor and who affected organizations can choose as an auditor.

Smartlegal Schmidt&Partners reports from Hungary:

How does the Hungarian Government assess the approval or prohibition of foreign direct investment in Hungary? What are the possible consequences of the Hungarian Government’s decisions on the foreign direct investment? In the 5th part of our series of articles, we address these questions. 

Smartlegal Schmidt&Partners reports from Hungary:

Do controllers always have to ask for the consent of their clients to transmit their personal data to sponsors for advertising purposes? Can such an interest be regarded as legitimate interest in the sense of the GDPR? Or a legitimate interest can only be an interest that is defined by law? The CJEU has addressed these issues in the case of a tennis federation, which we analyse in this short article.

Smartlegal Schmidt&Partners reports from Hungary:

Disallowing the re-litigation of closed cases, the principle of “res judicata” is one of the cornerstones of legal systems worldwide. But what if the national constitutional court interprets the principle such a broad manner, based on which the ruling of an administrative court in the question of “work accident” precludes the establishment of civil liability in other court proceedings? In its recent judgement the Court of Justice of the European Union (“CJEU”) examined the “res judicata” principle under the lens of the right to an effective judicial remedy.

ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.

In the previous parts of this series of articles, we have described the cases in which a foreign investor, investing in Hungary, may be subject to a notification obligation under General and/or Temporary FDI screening regime. However, what should be included in such notification? Which information shall be provided, and which annexes shall be attached to the notification?

Smartlegal Schmidt&Partners reports from Hungary:

Which transactions are subject to the FDI restrictions in Hungary? What are the exceptions to regimes? In the next part of our series of articles, we will address these topics, discussed separately the General and Temporary Regime.

Smartlegal Schmidt&Partners reports from Hungary:

Copyright is a relationship between the work and the author, which is based on the fact of creation. However, in the case of large-scale architectural design projects, the creation of plans is usually the coordinated work of an entire team. Nevertheless, in many cases, only one or a few persons are identified as authors. In our article, we analyse the issue of authorship in relation to multi-participant architectural design projects.
“Smartlegal Schmidt&Partners reports from Hungary:

What can compensate a non-material damage caused by the infringement of the GDPR? Is a public apology enough? Does punitive damages exist under the GDPR? The CJEU had to answer these questions in a case involving the unlawful processing of a famous journalist’s personal data. Read our article to find out the answers to these questions.

ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article.