The prestigious Chambers and Partners also ranked CLVPartners in the Chambers EUROPE guide in Employment and in the Life Science areas.
Chambers wrote about our CLVPartners based on the clients’ opinion that “the team is known for growing strength in advising international and domestic clients, in sectors such as pharmaceuticals, retail, entertainment, on cross-border TUPE transactions, employment restructuring and redundancy cases. Boasts expertise in collective bargaining agreements, data privacy issues and negotiating with works councils and trade unions.”
After long years of negotiations, on 14 April 2016 the EU Parliament approved the general data protection regulation (“Regulation”), which – compared to the current rules – means changes both for private persons and companies.
The Regulation shall replace the current EU Directive, being implemented by the member states in certain cases quite different ways, and a new, consolidated regime shall be directly implemented by the member states.
The Regulation will enter into force after two years from its approval, however, due to the significant changes included therein, it is advisable for companies to start reviewing their internal rules and prepare for their potential amendments. The infringement of the new rules may be subject to a fine of up to 20.000.000 EUR, or in case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year (whichever is higher).
Should you have any questions regarding the above, please feel free to contact us.
The prestigious Chambers and Partners also ranked CLVPartners in the Chambers EUROPE guide in Employment and in the Life Science areas.
Chambers wrote about our CLVPartners based on the clients’ opinion that “the team is known for growing strength in advising international and domestic clients, in sectors such as pharmaceuticals, retail, entertainment, on cross-border TUPE transactions, employment restructuring and redundancy cases. Boasts expertise in collective bargaining agreements, data privacy issues and negotiating with works councils and trade unions.”
The Legal 500 research team has ranked higher CLVPartners Hungary in the EMEA 2016 directory than in the previous years in Employment and Commercial, Corporate M&A practice areas. The results are based on appreciation of the Firm’s profile, complexity, the excellent quality of works undertaken and the new hires and growth of the practice groups.
Please click here and check the Legal 500 website for further information.
The amendments of the Act No LXXXV. of 2011 on the environmental product tax. The regulation of the environmental product tax has been amended with effect from 2016. In this newsletter we would like to draw the attention to the main changes as follows:
1. Payment obligation of the environmental product tax: a) Inventory purchase: According to the latest amendments to the act on the environmental product tax, the payment of the environmental product tax is mandatory not only in case of placing on the market or using for own purpose such products, but also in case of purchasing them for inventory, if the obliged person chooses the date of the purchasing for inventory as the date when his payment obligation arises, and he notifies the tax authority within 15 calendar days from the beginning of the activity or in case of continuous function until 31 of January of the current year, about his choice.
b) Packaging waste: The range of the obliged persons has also been extended. Thus, the person who puts the packaging material which has been produced abroad on the Hungarian market at the first time, and the first inland holder of the packaging waste formed from the unwrapped packaging, will be also obliged to pay the environmental product tax. The latter provision will be notable especially for logistic centres.
c) So-called triangle transactions: In accordance with the amendment, an obligation for paying environmental product tax does not arise in case of selling an environmental product to an inland purchaser, if after that the product will be delivered or dispatched abroad. The condition of this was previously that the seller himself had to deliver or dispatch the product.
2. Default surcharge: The default surcharge has been implemented in the act as a new provision, which has to be calculated on the basis of the provisions of the act on the taxation in case of late payment or incomplete payment of the environmental product tax. Also, in case of undue use of budget supports a default surcharge has to be paid after the amount and period defined in the act.
3. Definitions: The amendments affected the definitions of the act as well. Definitions such as packaging, commercial packaging, commercial packaging material, flat rate of product tax (among others) have been supplemented. Further, the range of the definitions has also been extended with the terms element of the packaging, component of the packaging, part of the packaging, packaging waste, building product, motor vehicle, craft products, crafting activity, large industrial tool, deficit of the product tax, margin of the product tax, product tax debt, tariff heading.
4. Others: Further to the above, the detailed rules regarding the flat rate of the product tax, the measure of the efficiency of waste management, product tax recovery and the product tax penalty have been clarified by the latest amendment.
Should you have any further questions in relation to the above, please feel free to contact us:
The act CXII of 2011 on information self-determination and freedom of information („Information Act”) has been amended with the effect of 1 October, 2015.
The amendments provide new possibilities regarding the forwarding of personal data to third countries as it is possible for the datacontroller to provide adequate level of protection to forward the data to third countries with the preparation and application of binding corporate rules („BCR”). It is a significant change also in the light of the recent EU Court decision on the invalidity of the Safe Harbour agreement.
Moreover to the significant amendments above the provisions of Information Act regarding the rights of affected people are amended as well and the amount of fine give by NAIH is also amended as it can be twenty million forints at the highest (instead of the prior ten million forints).
Should you have any questions regarding the above, please feel free to contact us.
The new Hungarian Act CXLIII of 2015 on the Public Procurement has entered into force. The new Act implements and harmonise the national public procurement rules with EU public procurement directives. To all public procurement initiated after 1 November 2015 the new rules shall be applied.
Should you have any questions regarding the above, please feel free to contact us.
According to the working paper available at the Government’s website, Act I of 2012 on the Labour Code (hereinafter referred to as the “Labour Code”) and other labour-related regulations – such as the Act III of 1952 on Civil Procedure, Act XCIII of 1993 on Labour Safety and Act LXXV of 1996 on Labour Inspection – are expected to be amended with effect from 1 January 2016. The planned amendments affect e.g. the regulations regarding the working place, termination and severance payments as well.
We will continuously inform you about the abovementioned amendments of the Labour Code if the single bill will become available.
Should you have any questions regarding the above, please feel free to contact us.
Dr. Marianna Csabai (CLVPartners) and Dr Natasa Randlova (Randl & Partners) held a joint training session in Prague to Czech HR managers who are responsible for the Hungarian HR management. The attendees has found very useful the interactive session where they learnt the differences between the Hungarian and Czech labour law and the major rules and daily practices.
Should you have any questions regarding the above, please feel free to contact us.
With regard to the inspection of the European Committee in connection with the Hungarian Advertisement Tax Act, among others the provisions of the Act on Advertisement Tax No 22 of 2014 have been amended. The amendments were approved by the Parliament on 27 May 2015 and the amendment act is currently before publishing.
Accordingly, section 140 of the Labour Code shall be amended so that those employees to whom the employer schedules ordinary work or who shall perform extraordinary work – on “Advent” Sundays (four Sundays before Christmas) between 6 a.m. and 10 p.m.; on 24 and 31 December between 6 a.m. and 12 a.m. should these days be Sundays, and annually one Sunday – defined in the employer’s discretion – between 6 a.m. and 10 p.m. under the scope of the Act on Prohibition of Sunday work; as well as – on Sundays in stores that class as retails stores in line with the most recent amendment to the Commercial Act shall receive 50% Sunday allowance in addition to the currently applicable amount of the Sunday allowance (50%). This means altogether 100% Sunday allowance for the aforementioned working on Sundays, as set out above.
The aforementioned amendment shall not be applied to employers falling under Section 5-6 of the Act on Prohibition of Sunday work, e.g. bakeries and those “family stores” which are not larger than 200m2.
The amendments to the Labour Code and Commercial Act shall enter into force on the day after their publication in the Hungarian Official Gazette, i.e. from 27 March 2015.
Should you have any questions regarding the above, please feel free to contact us.
