New rules for Digital Content & Sale of Goods

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Related briefings

CJEU: “opt-out” language does not create valid cookie consent – Austria

By Wolfgang Tichy, Gunther Leissler, Serap Aydin On 1 October 2019 the Court of Justice of the European Union (“CJEU“) provided guidance on whether website operators may obtain consent to the use of cookies via a preselected tick-box. 1   Background of the case A German company organised a promotional lottery on its website. It obtained the consent of […]

CJEU decides on obligation of social media operators

By Gunther Leissler, Andreas Natterer, Sara Khalil Case: C‑18/18; Eva Glawischnig-Piesczek vs Facebook Ireland Limited On 3 October 2019 the Court of Justice of the European Union (“CJEU”) provided guidance on Social Media operators obligations to monitor their networks for “hate speech”. 1 Background of the case In 2016 Eva Glawischnig-Piesczek, a (former) Austrian politician, was exposed […]

Bid rigging, a slippery slope for snow removal companies – Romania

By Mona Banu, Darius Trusculete The Romanian Competition Council (the “RCC“) recently imposed a total penalty of EUR 1.1m on four companies for indulging in anticompetitive practices. The companies breached the competition rules by colluding to rig bids for winter road maintenance services organised by the National Company for the Management of Road Infrastructure. Besides the […]

The impact of the 5th Anti-Money Laundering Directive

By Michael Lindtner The 5th Anti-Money Laundering Directive1 (“AMLD“) to amend the current EU Anti-Money Laundering (“AML“) regime must be transposed into national law by 10 January 2020. The approach of the EU is clear: AML prevention will be strengthened and AML requirements in the financial sector will rise. Credit institutions dealing with business relationships and transactions involving high-risk […]

Supreme Court finds insolvency related avoidance claims assignable – Austria

The Austrian Supreme Court has recently found that insolvency related avoidance claims can be sold. This may open a whole new business segment and will most certainly have a material impact on defendants in avoidance proceedings. Assignability of insolvency related avoidance claims In the case at hand (OGH 17 Ob 6/19k) an Austrian limited liability […]

Latest Briefings

Responsibilities of the members of the board of directors due to public debts

By Gülenay Kavcar In the light of the decision of the Constitutional Court regarding the application of EROL KESGİN dated 2015/11192 and dated 30.05.2019, the members of the Board of Directors who are not represented have the responsibility of the liability of the Board of Directors.     I. BRIEF SUMMARY OF THE CONSEQUENT EVENT The provincial […]

Do I need to get planning permission for the changes I want to make to home?

By Martín Casas If you’re thinking about  doing works on your house or garden, one of the things you will be thinking about (or should be thinking about!) is if you need to obtain planning permission. In most cases you will need planning permission, but there are a few occasions where you don’t. Probably the most […]

The impact of economic substance rules on family offices in the Channel Islands

By Richard Laignel, Alice Bricogne The economic substance legislation that came into force in Guernsey and Jersey in January 2019 requires companies that are tax resident in either island, and that conduct one or more of the defined activities, to demonstrate that they meet threshold levels of physical substance in their respective jurisdictions. How do the rules […]

Standard collaterals in commercial lease agreements on polish market

Under a lease agreement, a landlord commits to hand over a thing for a tenant’s use for a fixed or non-fixed term and the tenant commits to pay the landlord the agreed rent. When the lease ends, the tenant is obliged to return the thing in a non-deteriorated condition; however, is not liable for normal […]

The employer’s obligation on labour safety and hygiene in mongolia

By Bolormaa Volodya Mongolia is one of the wealthiest countries in the world of mineral resources and has developed its own independent mining industry since 1990. The country has joined the implementation of European and international technical, environmental and occupational safety and health standards in the mining sector to improve its competitiveness in the public […]

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Making history at the Supreme Court all started with a small Edinburgh law firm

Balfour & Manson chairman Elaine Motion, who led on proceedings heard in the Scottish courts, has said this morning’s verdict over Boris Johnson’s decision to prorogue Parliament marks “the day that democracy was restored”. Elaine Motion led the team that acted for Joanna Cherry and a cross-party group of MPs, instructing Aidan O’Neill QC of […]

Goodwin makes up London trio in bumper promotions round

Goodwin Procter has promoted three lawyers to partnership in London this year, in a US-heavy round of 33 partners worldwide. Private equity lawyer Ravi Chopra, tax-focused Katie Leah, and Martin Smith, a real estate addition to the partnership, were the lawyers promoted in Goodwin’s City office. This represents a big bet for the firm’s London […]

Allen & Overy

A&O kicks off gender pay gap reporting season early

Allen & Overy has declared that its gender diversity strategy is working, as the firm reports its next set of pay gap results months ahead of the deadline. The average pay gap in terms of the partnership has stayed the same, with male partners receiving 16 per cent more than their female peers, though the […]

Gibson Dunn bulks up in regulatory with Macfarlanes partner hire

Gibson Dunn & Crutcher has hired a financial services regulatory partner from Macfarlanes, marking its first lateral partner hire in London for nearly two years.  The US firm has hired Michelle Kirschner, who has been at Macfarlanes since 2012, and was previously an associate at Linklaters for nine years. Focused on non-contentious financial services regulation, […]

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