Publications

CYBERSECURITY: HUNGARIAN COMPANIES SHALL ENGAGE AN AUDITOR UNTIL 31 DECEMBER 2024
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:

FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART V – GOVERNMENT ASSESMENT & DECISION UNDER THE FDI REGIMES
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:

ACE IN THE HOLE: CAN A PURELY COMMERCIAL INTEREST BE LEGITIMATE UNDER THE GDPR?
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:

CAN RES JUDICATA IMPAIR THE RIGHT TO FAIR TRIAL? – DECISION OF CJEU IN ENERGOTECHNICA
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.

FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART IV – NOTIFICATION
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:

FOREIGN DIRECT INVESTMENTS IN HUNGARY– PART III – TRANSACTIONS COVERED BY THE RESTRICTIONS
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 protection of large-scale architectural design projects in 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:

SORRY, NOT SORRY? THE CJEU SAYS SORRY BASED ON THE GDPR
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.

FOREIGN DIRECT INVESTMENTS IN HUNGARY – PART II –RESTRICTIONS
Smartlegal Schmidt&Partners reports from Hungary:
What Hungarian regulations restrict or control foreign investors’ direct investment in Hungary? Who is considered an „foreign investor” subject to restrictions and what economic areas are covered by these regulations? In the second part of our series of articles, we address these questions.

CAN THE FREEDOM OF PRESS BLOCK THE FREE MOVEMENT OF JUDGMENTS? – THE CJEU IN REAL MADRID CASE
Can the freedom of press block the free movement of judgments in the European Union? Can EU Member States deny the enforcement of a judgment of another Member State imposing excessive penalties on journalist and publishing houses? We analyse these questions in the light of a recent CJEU judgment rendered under the Brussels I Regulation.
ILF’s Hungarian member, Smartlegal Schmidt&Partners summarizes this issue in the article