Reminder – foreign bank accounts
According to the Act CL of 2017 on the Rules of Taxation 271§ (16), the taxpayers shall register their foreign bank accounts valid on 1st January 2018 with the National Tax and Customs Administration of Hungary.
The deadline of the announcement is 31th January 2018. We kindly remind you to fulfil your obligation by the deadline, if it is applicable and you have foreign bank account.
Reminder – foreign bank accounts Read More »
In September 2017 Government Decree 250 of 2017. (IX.5.) entered into force, modifying certain healthcare, health insurance and pharmaceutics related government decrees.
On 7 September 2017 Government Decree 250 of 2017. (IX.5.) regarding the modification of certain healthcare, health insurance and pharmaceutics related government decrees entered into force, hereby modifying the Government Decree 235 of 2009. (X.20.) („Government Decree”) regarding the rules of the authorization procedure of medical research, clinical trials of products intended for human use, as well as the clinical trials of medical devices for human use, intended for clinical trials.
The changes of the Government Decree entering into force on 1 January 2018 concern the modification of the research and examination project. In the Hungarian text a slight difference can be found in the wording between the previous version and the one entering into force.
As a new provision entering into force on 1 February 2018 the Government Decree regulates the authorization of research involving ionizing radiation, the serves compliance with EU legal acts (Euratom).
About the changes of Government Decree 235 of 2009 (X.20.) Read More »
The present terms of use sets out the conditions of the usage of the website https://clvpartners.com (“Website”) operated by a CLVPartners Law Firm (registered seat: 1126 Budapest, Tartsay Vilmos u. 3.; e-mail address: ; registered by Budapest Bar Association) („Law Firm” or „our Law Firm”) as well as the respective data privacy information.
By accessing and using the Website You, as user (“User”) declare to have read and accepted the present terms of use. Should you not agree with the terms and conditions of the present terms of use, please do not visit our Website.
[accordion] [accordion_item title=’I. USAGE OF THE WEBSITE‘]The present Website includes information in connection with the professional areas of the Law Firm, the aim of which is to present the operation of the Law Firm, further, to provide information about the actual amendments to the Hungarian laws and further legal actualities, as well as make contacting the Law Firm easier.
The present Website may be used by the Users without any registration; its content is freely accessible to the public.
The Law Firm does it outmost to the accuracy of the information and materials published on the Website, however, these are published only for information purposes and can never – under no circumstances – be considered as legal advice, further, cannot replace legal consultation extended to all relevant circumstances of the given case. With regard to the above – in the lack of any different legal provisions – the Law Firm expressly excludes any liability for direct or indirect damages arising from visiting or using the Website, further from the usage of any information published on the Website.
Information published on the Website does not establish any contractual relationship by and between the User and the Law Firm, further, does not qualify as bid or offer for bid. Should you have any legal questions in connection with the content of the Website or any information made there available, please be so kind as to contact our Law Firm.
The Law Firm reserves the right to alter or remove the Website or any part thereof, their arrangement, any materials shared on the Website, further, to amend the terms and conditions of the present terms of use. Any amendment to the terms and conditions of the present terms of use shall be considered as effective regarding the affected User after first visiting the Website following the amendment.
Intellectual property
Any materials whether narrative of pictorial, photos, trademarks, logos, graphic or other materials are copyright protected and fall under trademark protection. The User may use the copyright protected materials published on the Website in line with the provisions of Copyright Act (No 76 of 1999) concerning free use, including but not limited to the browsing of the Website, further, saving the parts of the Website and any written materials published on it on the User’s own computer’s hard drive or printing them for private purposes. Usage according to the provisions concerning free usage is allowed and free of any charge only to the extent when it is not harmful to the usage of any materials under copyright and does not cause unreasonable damages to the lawful interests of the Law Firm, further, if it complies with the obligation of fair usage and does not aim any goals not compliant with the principle of free usage.
Without the prior written approval of the Law Firm, the User is not entitled to use the trademark (with special regard to the word trade mark “CLVPartners”) and other signs, related designs of the Law Firm.
Unlawful usage of the Website, any intellectual property forming its material part or any materials publish on it, shall result in civil and criminal law consequences.
References
The Website includes or may include references to website operated by other persons or organizations which may be useful for the User in the given case. However, please consider that these websites shall be used in line with their terms of use, therefore, in case of their visits, we advise checking their terms of use.
The Law Firm puts special emphasis on including only such references on the Website which leads to reliable and professionally acknowledged websites, however, does neither undertake any responsibility for any information included therein, further, for any content showed on such websites and for any circumstances in connection with the website and the references, nor for any direct or indirect damages arising from them.
[/accordion_item] [accordion_item title=’II. DATA PRIVACY INFORMATION („INFORMATION”)‘]Before contacting us, please be so kind as to review the content of the Information. Please note that should you contact us through the Website, this will be considered as expressed acknowledgement and understanding of the content of this Information.
The present Information shall be applied to any and all data processes though the Website during which any natural person (“Affected Person”) contacts the Law Firm as data controller via e-mail, phone, facsimile, or post or submits a job application thorough any of the above channels.
Data processes through the Website
1. Contacting our Law Firm
Should the Affected Person request for any feedback or information in connection with any of his/her prior request, the Law Firm fixes the data of the Affected Person electronically which are processed by the Law Firm exclusively and only for the duration to provide the Affected Person with the response.
Please be informed that by contacting us, the Affected Person gives his/her expressed consent to the processing of his/her data according to Section 5 (1) a) of the Information Act (Act No 112 of 2011 about freedom of information and information self-determination right).
Our Law Firm controls the data provided by the Affected Person voluntarily in the course of contacting us (with special regard to the following data: name, e-mail address, phone number, facsimile number, data provided in connection with the requested information.) Only the colleagues of the Law Firm may have access to the data, to the extent necessary for the purpose of the data controlling, and our Law Firm does not engage any data processors.
2. Job applications
Our Law Firm as data controller also collects and controls data in connection with workforce selection (for the purpose of carrying out the recruitment and selection process, and later to get in contact with the applicant). For the above purposes private and sensitive data may be controlled by our Law Firm, should these be disclosed to us by the Affected Person when contacting us through the Website and applying for a job. The precondition of applying for a job is – irrespective of the way thereof – is the voluntary consent of the Affected Person, therefore, we inform the Affected Person that by the submission of his/her application she/he consents to the handling of his/her data.
Data being controlled: surname and last name, address, mobile phone number, e-mail address, schools and education, title, profession and professional experiences, language knowledge, present or past place of work (name), place and date of birth, photo, and any other data the controlling of which shall be deemed reasonable or that are provided by the Affected Person simultaneously with applying for a position. Any applications filed with us will be handled only for aim of the data handling, namely, until filling in the respective position. In case of specific requests, which the applicant may make through our contact details provided above, the applicant may request our Law Firm to keep his/her application data for 2 years from the end of the application process.
Only the colleagues of the Law Firm may have access to the data, to the extent necessary for the purpose of the data controlling, and our Law Firm does not engage any data processors.
The Affected Person shall be liable for the reality of the data provided under this section and should the Affected Person provide us with any data of any third persons, the Affected Person shall warrant that such data have been forwarded to our Law Firm lawfully and especially that the third person consented to their usage. The Affected Person shall refrain from breaching any patent, IP, copy and personal or other rights of any third persons.
Any improper statement, or hiding any data may result in the refusal or the application or later the termination of the employment of the Affected Person.
3. Newsletter
Should the Affected Person register to our newsletter services by giving his/her name and e-mail address on the Website, the Law Firm will submit approximately monthly one newsletter to the Affected Person. The Affected Person may resign from the Newsletter services through the Website or through sending an e-mail or letter to our Law Firm to any of the addresses and contract details set out above for free of charge without any reasoning.
4. Website
Please note that the Website does not use and contain any cookies and web beacons, references made from external servers and web-analytic tools.
Please be informed that an individual identifier (internet protocol, IP) shall be ordered usually in blocks per each country to any computer and equipment with Internet access. The IP address may be used to identify in which country, county, state the given computer has been connected to the internet. Googly Analytics collects these IP addresses in order for the owners of the websites have a view which country their websites are visited from.
Data Safety
In connection with the data controlling activities, our Law Firm has complied with the data safety rules and has formed its data management processes by considering the protection of the Affected Persons’ private sphere. Our computer system is protected with firewall and we also take care of the virus protection of our network. We continuously review the technical prescriptions according to the statues of technic from time to time and amend it when and where necessary.
Please note that electronical messages forwarded though the internet are vulnerable against network threats. Our Law Firm makes the steps necessary and generally acceptable for ensuring protection against such threats.
Rights of the Affected Person
The Affected Person may request for information in connection with the management of his/her data, request for the correction, deletion or distrain of the data, further may exercise the rights set out in Section 14-19 of the Information Act. further, the Affected Person may object the controlling of the data or in case of the breach of his/her rights, further, in cases set out in Section 21 of the Information Act may turn to the court against the Law Firm – including the court of tribunal competent at the permanent or temporary address of the Affected Person – as well as to the Hungarian National Authority for Data Protection and Freedom of Information (1125 Budapest, Szilágyi Erzsébet fasor 22/c.; postal address: 1530 Budapest, Pf.: 5.; tel.: 36(1)391-1400; e-mail: ; website: http://naih.hu).
Others
Our Law Firm reviews the present document from time to time and whenever it deems necessary may amend the content thereof unilaterally, therefore, please make sure to reivew it before getting in touch with us.
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Regulation No. 7/2017 (1 June) of the Ministry of Justice about registered seat services entered into force on 1 July 2017 in connection with the amendment of the Companies Act which set out among others the following important regulations:
The agreement shall be in writing between the principal (company) and the agent who provides the seat service.
The agreement shall not be a fixed-term contract only if the company was established for a fixed period of time. The right to terminate shall not be exercised during the first year after the conclusion of the contract.
Only those properties may be used as the seat of a company which are exclusively owned by the agent who provides the seat service or for which the provider’s user rights have been registered at the Land Registry.
The agent shall ensure that the mails addressed to the company are taken over at the registered seat and shall also notify the company on that fact within one working day after the receipt of any mail.
The Regulation No. 9/2017. (VII. 18.) of the Ministry of Justice on the amendment of the above Regulation was published on 19 July 2017 and entered into force on the day following its publication in which the most important changes are the following:
The agent shall be entitled to provide seat service if the owner of the property gave prior written consent to providing seat and one of the following conditions is fulfilled:
a) the parties are affiliated companies or companies linked by virtue of participating interests under the Accounting Act,
b) the agent is registered in the Trade Registry as the company’s delivery agent, or
c) further from providing registered seat for the company there is a civil law relationship between the parties for providing long-term accounting services.
The parties shall harmonize their existing agreements for providing seat with the new regulations until 30 June 2018, the latest, and if there was not any written agreement between them, such contracts have to be put in writing.
The existing agreements for registered seat services shall be ineffective on the following day the above deadline (i.e. 30 June 2018) if the contract does not correspond to the aforementioned new regulations.
About the changes of seat services Read More »
In July 2017, modifications were carried out in acts of Public Company Information, Company Registration and Winding-up Proceedings.
According to the Act V of 2006 on Public Company Information, Company Registration and Winding-up Proceedings („Ctv.”) modification made in June 2017 the National System of Company Information and Company Registration (Company Information Service) will be responsible for providing access to the Business Registers Interconnection System (BRIS) by linking the national central registers, commercial registers and business registers.
By connecting the European countries’ company registers, certain data, the consolidated articles of associations, annual reports of the limited liability companies, corporations and European corporations will be available in BRIS which system is operated by the European Commission. The basic data can be accessed free of charge, in other cases the data can be obtained against payment of an administrative fee.
Modifications in corporate law Read More »
The National Authority for Data Protection and Freedom of Information published a notice about the data protection requirements of “cookies” this February.
The National Authority for Data Protection and Freedom of Information in its February announcement summarised the experiences on the data protection requirements of the “cookies” used by webshops, with a clear intention to create a legitimate and coherent practice.
The Authority draws attention to the fact that the at the same time, on 25 May 2018, both the new regulations on the general data protection and the new electronic communication regulation will enter into force, and the latter will regulate and standardise the cookies in the European Union.
The publication pointed out that to the direct marketing newsletters (DM Letters) not only the Law on Advertising and the Electronic Commerce Act shall be applied, but the Data Protection Law as well.
According to the amendment of the Code of Civil Procedure from the 1st of July 2016 for companies with an inland seat have to submit all submissions to the court electronically, and if the company is a defendant in a procedure, the court will also electronically deliver all documents, except the application which is delivered in paper format.
In order to be able to comply with the new rules, a sufficient technical infrastructure has to be granted either by the company or by its legal representative, including the so called “ÁNYK” program, the “process gate” and the electronic signature. Further to this, the parties have to preserve all electronic documents. In case the digitalization of a large amount of the evidences would entail disproportionate difficulties, it will be possible to present the evidences in paper format.
Amendment of the Code of Civil Procedure Read More »
In case of executive employees the parties may deviate from the provisions of the Labour Code, except some provisions where the Labour Code expressly prohibits deviation. A new provision is that the employment contract of the executive employee shall not deviate from the provisions of § 128 of the Labour Code, meaning that the executive employee shall also be entitled to an unpaid leave until the child’s 3rd birthday for the purpose of childcare.
In case of pregnancy or human reproduction process, if the employee informs the employer on the above facts only after the termination notice has been handed over, the employer may unilaterally and without the employee’s consent decide to, but is not obliged to withdraw the termination notice within 15 days after the employee informed the employer on her condition.
§ 297 of the Labour Code has been replaced by new provisions. Pursuant to that, in case a foreign employee carries out work in Hungary in frame of cross-border provision of services, if the Hungarian party (receiver of the services) knows, or has reasonable grounds to know that the foreign employer has failed to comply with its obligation to pay wage and contributions after the employee, the Hungarian party will be jointly and severally liable with the foreign employer. It has also to be noted, that the parties may not vary from this provision in their contract.
As a general rule of the Labour Code a daily rest period of at least 11 hours shall be granted to the employees. The Labour Code contains several exceptions to this rule when a daily rest period of at least 8 hours is sufficient. From 2017 standby work will not be an exception any more, thus, 11 hours rest period has to be granted to these employees instead of the 8 hours presently stipulated by law.
Amendment of the Labour Code Read More »
From 2017 the amount of the rehabilitation contribution payable by the employer shall be nine times the minimum base salary for full-time employees on the first day of the current calendar year.
Until now, the company and the managing director were jointly and severally liable towards third persons for non-contractual damages caused by the managing director in his executive capacity. Pursuant to the new provisions, only then will the managing director be jointly and severally liable with the company against third persons, if he has caused the damages wilfully in his capacity as managing director.
Furthermore, the amendment clarifies that the managing director’s liability for wilfully caused damage extends not only to non-contractual damages but also to contractual damages (until now contractual damages could only be claimed from the company, and not from the managing director).
Amendment of the Civil Code – managing directors Read More »
