Zoltan Balazs Kovacs prepared a summary to the key questions regarding the EU Whistleblowing Directive and the related change of legislation in Hungary with the act entering into force on 24 July 2023. 1 ...
Are you feeling lucky? Hungary set to liberalise the online sports betting market Hungarians fancying a flutter on their local football team winning the next game can only (legally) indulge in doing so through a state-owned monopolist. This is about to change, however, as Hungary is set to liberalise its online sports betting market providing opportunity for EU gaming operators ...
On February 22, the government extended the state of emergency by 90 days, to May 23. The extension also applies to the transitional provisions the government passed in the earlier phase of the pandemic for the protection of health and the economy. Among these transitional rules is the so-called Home Office Decree. This decree relaxed the regulation in the field of the otherwise strict and rigid rules pertaining to teleworking and home office work ...
Part 2 of this series is about data protection. In case of questions, please contact Zoltán Balázs Kovács. How do you secure data in the home office environment? What policies should be in place to secure data and devices? What does a data breach mean? Employers must comply with the principle of accountability and demonstrate compliance (including by way of applying proper internal policies). This is important also from the perspective of data security ...
Part 1 of this series discusses labour law and labour safety issues. What is it that has changed regarding home office and teleworking because of Covid-19? What can we expect in the future? How can employers prepare for the “new normal” and how can employees manage things from their side? Before Covid-19, teleworking and working from home in Hungary represented a percentage of 1.2 among employees aged between 15-64, according to Eurostat ...
In its notice published on May 18, 2020, the National Employment Service (Nemzeti Foglalkoztatási Szolgálat) laid down the fundamental criteria that must be met by an applicant to be eligible for the new EU-supported wage subsidy intended to help create new jobs in Hungary in the wake of the COVID-19 pandemic. There is an enormous difference between the Kurzarbeitwage subsidy and this job-creating wage subsidy ...
The most general reason for setting up a trust is to ensure the effective and professional legal protection of assets. Contrary to a private foundation, there is no legal requirement to set forth a specific objective for the trust ...
This is a brief summary of the most important issues employers should consider before deciding on the restart of the office work, taking the current pandemic into account. When deciding on getting back to office work, a gradual and proportionate approach is highly recommended, and employers should be prepared for a possible second wave of the pandemic as much as possible. Organization of work 1 ...
In Hungary, the Government hasintroduced multiple measures – besides the ongoing curfew restrictions – aimed at helping companies navigate through these hard times. Hédi Bozsonyik, Head of our Employment Law practice, has summarized the most important facts. 1. General employment law related measures a.) The employer has more flexibility in modifying the work schedule even after it was communicated with the employees; b ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
How can UK-based insurance companies providing cross-border insurance services to Hungary prepare for 1 January 2021 (i.e ...
With respect to the situation caused by the pandemic and its possible data protection impacts, please find below a summary of the statement of the European Data Protection Board (EDPB) on the processing of personal data in the context of the COVID-19 outbreak, issued on 19 March 2020. The EDPB starts by emphasizing that “[d]ata protection rules (such as the GDPR) do not hinder measures taken in the fight against the coronavirus pandemic ...
Employers have to face a number of issues in the current situation, some of which have data protection implications. Below you will find a brief summary of the data protection issues which are typically arising as a result of the pandemic, in a Q&A format.With regard to question no ...
Below you will find a brief summary of the resolutions of the data protection authority uploaded on their website up until today imposing a fine under the GDPR. 1. Failure to facilitate the exercise of data subjects' rights The data subject wanted to exercise his access right, right to receive a copy, and his right to restrict processing of camera recordings of him at the reception area of a service provider ...
Due to the GDPR, the Hungarian Parliament passed a law on 1 April concerning changes to a number of acts containing data protection provisions. The Hungarian Labour Code is one of the laws that has been changed. The new law is expected to be published soon and its rules, which affect quite a number of data controllers, will become applicable on the 15th day following their publication. It can be expected that the new rules will become effective around 1 May ...
The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer. The Article 29 Data Protection Working Party (WP29) issued guidelines on the data protection officers (DPOs) interpreting the respective provisions of the GDPR (Articles 37-39 and Recitals 77 and 97). The Data Protection Officer (DPO) The GDPR contains rules on when it is mandatory for controllers and processors to designate a data protection officer ...
Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("Regulation") will replace Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). The Regulation will be enforced after 25 May 2018, thus, entities are required to prepare for compliance by then ...
In this article, we provide a brief overview of the most important new rules applicable to Hungarian data protection laws after 1 October 2015. BCRs accepted after 1 October 2015 Binding corporate rules (BCR) have so far not been recognized by Hungarian law and, thus, could not be used whenever personal data were transferred to a non-EEA country ...
In this article, we provide a brief overview of some of the changes in the rules governing Hungarian public procurement procedures, changes which entered into force on 1 July 2013 and which are of a larger practical relevance. The Act no CXVI of 2013 on the amendment of the Act no CVIII of 2011 on Public Procurement Proceedings brought about some important changes effective as from 1 July 2013. Below, we will briefly discuss two of these changes ...
Under the Hungarian Civil Code, neighbours are required to refrain from any conduct that would needlessly disturb others, especially their neighbours, or jeopardize the exercise of their rights. Well-established judicial practice lies behind the above-cited provision of the Civil Code, the most important features of which we briefly summarize in the following ...
Although the currently effective Hungarian Civil Code does not name a call option as security, it does not prohibit the use of a call option as security either. The first question this raises, therefore, is whether Hungarian law permits the use of a call option as security? Naturally, this then creates more questions ...
While employers oftentimes wish to monitor the behavior of their employees, which generally is a rightful intention, it is also the employees' rightful expectation for the employer to respect their privacy and personal data. In this article, we provide a brief overview of the most important rules employers must observe when monitoring their employees.Under the Hungarian Labour Code, an employer may inspect the work of its employees ...
The Hungarian Parliament enacted Act no CXII of 2011 on Information Rights and the Freedom of Information ("New Data Protection Act"), which will replace the currently effective Act no LXIII of 1992 on the Protection of Personal Data and the Publication of Data of Public Interest ("Old Data Protection Act") from 1 January 2012. Below, we briefly summarize the main changes brought about by the New Data Protection Act ...
How is health care in your jurisdiction organised? The basic principles of the organisation of the health-care system are governed by Act CLIV of 1997 (the Health-care System Act), more specifically by sections 141 et seq. Pursuant to section 141, the state is ultimately responsible for the state of health of the population, and for the creation of a system that protects, promotes and – if necessary – restores it ...
In Hungary, Act XXXIII of 1995 on the Protection of Inventions by Patents (the “Patent Act”) is the key piece of legislation in respect of inventions created in employment relationships. The Act differentiates between employees’ inventions and service inventions in its provisions applicable to this domain ...
