News

Data Privacy Framework – New Rules for the Transfer of Personal Data to the USA

Companies that register under this framework will be considered safe recipients of personal data, ensuring an adequate level of protection by Article 45 of the GDPR (1). When transferring personal data to such companies, there will no longer be a need for Transfer Impact Assessments (TIAs), Local Law Assessments (LLAs), or complex contractual clauses. In other words, data transfers to these companies will take place under the same regime as transfers between companies within EU member states. This marks the third attempt to regulate the transfer of personal data to the USA. The original legal framework, known as the Privacy Shield, was invalidated in 2020. The Court of Justice of the EU (CJEU) had two main concerns. Firstly, US government authorities and intelligence services had essentially unrestricted access to personal data, including data of EU citizens. This concern was closely tied to the second issue, as EU citizens could not access information about the processing of their personal data in the USA and had no means to enforce their rights. The DPF addresses these shortcomings. The USA, through Executive Order 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” issued by President Biden on October 7, 2022, establishes a specialized official for civil liberties and privacy protection (Civil Liberties and Privacy Officer – CLPO) within the Office of Intelligence and Research. The CLPO is responsible for ensuring the respect of fundamental rights regarding protecting personal data, including by state authorities and intelligence services. Decisions by the CLPO can then be reviewed by the new specialized court, the Data Protection Review Court. As a result, EU citizens will be able to assert their rights concerning their personal data in the USA. While this is a significant step towards restoring legal certainty in the transfer of personal data between the EU and the USA, it is already certain that this decision, like previous adequacy decisions, will be subject to scrutiny and reevaluation by the CJEU. The organization #noyb, led by Max Schrems, has already criticized the decision, arguing that the DPF does not meet the requirements of the GDPR. Therefore, it can be expected that the current decision on the adequacy of protection will be assessed by the CJEU soon. Finally, it is crucial to highlight that the implementation of the DPF will bring modifications to your Privacy Policy. If your company engages in the transfer of data to a processor in the USA who is registered under the DPF, it is imperative to explicitly state in the information documentation that such transfers are grounded on a Commission adequacy decision and that the processor is duly registered under the DPF. The list of companies registered under the DPF can be found from July 17, 2023, here: https://lnkd.in/eCUrwrvc We are ready to assist you with the assessment and potential adjustments to your information documentation. Please do not hesitate to contact us. (1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons

act legal Expands its Global Reach: Welcoming Aston Avocats in France and KDBM Law in Bulgaria

As of July 1st, 2023, Aston Avocats in France and KDBM Law in Bulgaria will join act legal, fortifying the act legal’s presence and expertise across Europe. The offices will adopt the act legal brand identity and operate as act Aston Avocats and act KDBM Law respectively. With a relentless commitment to delivering exceptional cross-border legal services, act legal expands its footprint to cover 11 countries, currently including Austria, Bulgaria, Czech Republic, France, Germany, Hungary, Italy, Netherlands, Poland, Romania and Slovakia. By joining forces with Aston Avocats and KDBM Law, act legal cements its position as the go-to firm for seamless and high-quality legal support throughout Europe and worldwide. More information: https://actlegal.com/sk/news/act-legal-expands-its-european-reach-welcoming-aston-avocats-in-france-and-kdbm-law-in-bulgaria/

act MPH advocates won two victories in the Law Firm of the Year competition

act MPH Advocates has again this year won 2 victories in the prestigious Law Firm of the Year 2023 competition, which is judged by an independent expert jury. act MPH Advocates won in the Telecommunications, Information Technology Law category and in the Best Client Services category. We are the only law firm in Slovakia to have won the first prize in the Telecommunications and IT sector for the sixth time in a row.  In addition, we have gained the status of HIGHLY RECOMMENDED law firm in other 14 categories: Corporate Law, Competition, Restructuring & Insolvency, Real Estate & Development, Mergers & Acquisitions, Intellectual Property, Public Procurement, Litigation, Tax Law, Energy & Energy Projects, Compliance, Logistics, Transportation & Construction, Health Law and Environmental Law. act MPH advocates is RECOMMENDED law firm in 2 categories: Banking and Finance, Employment Law. In the 11-year history of the competition, act MPH advocates has thus won a total of 9 first prizes. In addition to the Telecommunications, Information Technology Law and Best Client Services categories, we also won the Logistics and Transportation category in 2022 and the Legal Disputes category in 2021.  The best law firms are evaluated by an independent jury, the organiser of the prestigious competition is the business media Trend and Epravo.cz group. This success is a clear indication of our expertise, professionalism, and experience in this field. With 18 years of experience, we have been offering our clients exceptional legal services and support, not only in Slovakia but also in global projects. As a member of the act legal international alliance, we are proud to be associated with over 400 top-notch lawyers, financial, tax, and business advisors across 9 EU countries.

Prestigious award in The Legal 500 international ranking for act MPH advocates

We received the prestigious award and The Legal 500 EMEA Leading Firm status in three categories – Commercial, Corporate, M&A, Litigation and Real Estate & Construction.  Legal 500 is an independent global platform that annually assesses the quality of law firms in more than 150 jurisdictions and provides an up-to-date view of the global legal market. A high ranking in the Legal 500 is a testament to our expertise, competence and excellent legal services and it also confirms that we are among the best in the field. We are committed to continuing to work with dedication and creating a top-notch legal background for our clients. The awards we have received are both a source of satisfaction and a commitment to excellence for us.

We are in TOP 10 largest law firms in Slovakia

We also confirmed expertise and professional competencies in the other 10 categories. We belong to the TOP 10 largest law firms with specialization in: act MPH advocates is also among the TOP 5 most successful local law firms in Slovakia. This position is the result of our long-term intensive work, 100% commitment of the entire team and success in the market. The rankings of the best law firms are created every year by the editors of The Slovak Spectator and SME in cooperation with Finstat. The results are published in the Investment Advisory Guide. This success and trust naturally obliges us to continue providing our clients with the best service.

act MPH advocates named Law Firm of the Year 2022

act MPH advocates WON the prestigious Law Firm of the Year competition in the Telecommunications, Information Technology and Logistics and Transport Construction Law categories. act MPH advocates was awarded the HIGHLY RECOMMENDED law firm label in the following 14 categories: Corporate, Competition, Restructuring & Insolvency, Development & Real Estate, Mergers & Acquisitions, Intellectual Property, Employment, Public Procurement, Litigation, Tax, Energy & Power Projects, Healthcare, Environmental and Compliance. Act MPH Advocates was also awarded the RECOMMENDED Law Firm label in the Banking and Finance category. “Big Thank You to all. I greatly appreciate the trust our clients have placed in us. My sincere thanks goes firstly to all my colleagues for their efforts and excellent work in the act MPH advocates team. The award is a testament to our commitment to offering the best knowledge, experience and client communication. As well as these awards, we value every single mandate and every single project that we can contribute our expertise to.” JUDr. Milan Malata, partner act MPH advocates We thank our clients for their trust and the opportunity to collaborate on interesting projects. Our success and trust obliges us to further provide you with a strong legal background and premium services. The prestigious Law Firm of the Year competition for the best law firms in Slovakia is announced and organized by TREND in cooperation with the publishing house EPRAVO.SK. 

act MPH advocates advising on a unique acquisition 

The act MPH Advocates team comprehensively covered the entire due diligence process. Our team participated in the negotiation process and managed the communication with all parties. The project also included the drafting of transactional and contractual documentation. Specific regulations The acquisition project of a payment services licensee represents unique know-how from a regulatory perspective. In addition to the complex M&A process, our team also covered complex legal advice and services related to specific financial market regulations, transaction structuring and tax advice.  Three investment partners act MPH Advocates was involved in the drafting of three separate majority share purchase agreements representing the interests and terms of the three parties. The investment transaction also included the transfer of part of Tapeon’s payment terminal intermediation business to Pay Solutions.  “act MPH advocates has provided legal advice and its other services to major innovators and investors in the payment solutions sector in Central Europe. The outcome of this strategic acquisition confirmed our expertise and ability to close challenging transactions in the technology sector and in the international space,” said Mgr. et Mgr. Katarína Kasalová, partner at act MPH Advocates, who led the expert legal team.  The shared vision of this acquisition is to expand technology and products into the CEE region. Pay Solutions’ Besteron payment gateway is used by approximately 1,500 online merchants. PaySolution is expected to process payments of over €400 million in 2022. The acquisition by Solitea will bring a number of innovations to the market for modern payment gateways – for example, disbursement in 32 EU countries in 12 currencies.  “I am delighted that we have chosen to work with act MPH advocates on this strategic transaction,” said Martin Skaba, of Sandberg Capital, the majority owner of Solitea. “They are among the best in the market – not only in the breadth of their knowledge and experience but also in their combination of expertise in other areas. What we particularly value about working with act MPH Advocates is their team’s ability to see issues in a broader context, their high level of professionalism and business insight into our business activities,” added Martin Skaba The act MPH advocates team that provided legal advice on this acquisition was led by Mgr. et Mgr. Katarína Kasalová, partner of act MPH advocates. Mgr. Jana Alušíková, Mgr. Jana Vasilova, Mgr. Patrik Budke and Mgr. Andrea Mochorovská. __________________________________ About act MPH advocates act MPH advocates is a renowned law firm with more than 15 years of experience on the market. The experienced expert team creates a strong legal background for clients for long-term investments with international reach, as well as for day-to-day decisions. act MPH advocates is part of the act legal alliance, which houses over 400 lawyers, financial, tax and business advisors working in 11 law firms spannning 9 European countries. act MPH advocates is a multiple winner in the Law Firm of the Year competition and has repeatedly been awarded Law Firm of the Year in the categories of Telecommunications, Information Technology Law and Litigation.

A lawyer is a good partner for a client when he understands his business

Did you as a child have the tendency to settle “disputes” between your friends? Yes, in my childhood I had a tendency to enter into disputes and settle them. Often, I also joined disputes that didn´t concern me. (Laughing..) I must admit several times I was the one who actually initiated the dispute. And to top it all up, the disputes I initiated, I tried to win. It is in my nature to take responsibility for others, so it comes as no surprise that I am working in law. Does your family have a law background?  No, I don’t come from a family of lawyers. No one in my immediate circle is an advocate or a lawyer. My mom is a teacher, she loves working with kids, and my dad has been in management all his life at an energy company. As a kid, I loved soap operas set in a legal environment and was utterly fascinated by the rivalry of the parties in the courtroom. The idea of becoming an attorney and representing clients excited me. I can quickly become passionate about things and if I’m really passionate about something, I can devote a lot of time to it. You studied an interesting combination of management and law and spent part of your studies in Malta. Why did you choose this combination? When I was finishing law school, it was quite difficult to find a job as a trainee lawyer. The salary conditions were not motivating. At that time, schools were churning out a lot of law students and firms were spoilt for choice. I was aware of the need to differentiate myself from others and to have a competitive advantage. I decided to major in management, marketing and law. This combination allows me to better understand not only legal but also economic topics, which has helped me a lot in practice. Studying abroad is one of the things I definitely recommend to young people. It´s a very valuable experience. I had the opportunity to get to know a new country, a different school system, to improve my language and to meet a lot of interesting people.  My education in management, marketing and law allows me to understand not only legal but also economic topics, which has helped me a lot in practice. You advise clients on matters relating to commercial matters, cross-border mergers and acquisitions. What do you enjoy about this area? I have been involved in M&A transactions for several years now, I must say it is an extremely interesting area. Often these are time-consuming, impactful projects. Each transaction brings with it something new. Imagine buying an ambulance one day, selling an industrial park the next day, or buying a well-established IT company with millions in sales and hundreds of employees. These transactions require knowledge from multiple cross-cutting areas and open up the opportunity to understand companies in their day-to-day operations.  It is an area that allows me to get things done – from planning the entire

Mgr. et Mgr. Katarína Kasalová named act MPH advocates’ latest partner

Katarína has been an important part of act MPH Advocates since 2016. In her current practice, Katarina comprehensively covers challenging projects and addresses risks that are often overlooked. She provides legal services to both domestic and foreign corporate clients from multiple industry segments. Katarína is also a member of several expert teams within the act legal alliance and regularly participates in projects with an international reach. I have been working on M&A transactions for several years now. The variety of transactions such as the purchase of a clinic, the sale of an industrial park, or the acquisition of an established IT company with millions of sales and hundreds of employees, inspires me daily in my work. M&A transactions require knowledge from multiple cross-cutting areas and open up the opportunity to understand companies in their day-to-day operations.” Katarína Kasalová, partner at act MPH advocates. Katarína possesses a unique combination of law skills. She brings unique experience to the team, but mainly she has the ability to proactively communicate and motivate our associates. Her focus on transactions, data protection issues, real estate or environmental projects, and operations in information technology firms are unheard of. Katarina and I have also successfully collaborated on a number of international projects – in the act legal alliance, which represents over 400 lawyers from 9 countries, she belongs to our top legal experts.” JUDr. Milan Malata, founding partner of act MPH advocates. Current partners of act MPH advocates are JUDr. Milan Malata, JUDr. Róbert Pružinský, JUDr. Vincent Hegedűš, Mgr. Jana Alušíková, Mgr. Zuzana Jahodníková, LL.M. A lawyer is a good partner for a client when he understands his business

act MPH advocates among the best

Milan Malata, the partner at act MPH advocates, took home two awards for his wins in the Litigation and Telecommunications, Information Technology Law categories. We sincerely appreciate these awards, as well as the trust and cooperation of our clients. It wouldn´t be possible without the act MPH Advocates team, whose dedication and unique expertise results in many successful projects. JUDr. Milan Malata Our law firm was also awarded the “Highly Recommended” status in the areas of restructuring and insolvency, corporate law, competition, public procurement, intellectual property, energy and energy projects, mergers and acquisitions and employment law. act MPH Advocates is “Recommended” by the Commission in the sectors of banking and finance, real estate development projects and real estate and tax law.

act MPH advocates among the best

Milan Malata, the partner at act MPH advocates, took home two awards for his wins in the Litigation and Telecommunications, Information Technology Law categories. We

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