Picture of Marton Domokos

Marton Domokos

Senior Counsel, Co-ordinator of CEE Data Protection Practice

CMS Cameron McKenna Nabarro Olswang LLP Magyarországi Fióktelepe
YBL Palace
Károlyi utca 12
Budapest
Hungary
Languages Hungarian, English
Data Protection & Freedom of Information

Márton is a senior counsel within the commercial team at CMS Budapest, focusing on data protection, intellectual property, commercial transactions and the TMT sector. He is also the Coordinator of the CEE Data Protection Practice.

Márton has spent time working in-house at CMS’ clients. He completed a six month secondment at a global management consulting, technology services and outsourcing company, providing day-to-day legal advice in all projects of the company, working closely with local businesses and the company headquarter’s legal department. He also spent another six month secondment period at the CEE headquarters of a multinational American technology and services conglomerate.. He also completed a seven month secondment in the London headquarters of a global infrastructure, media and financial services company for the financial business unit as the member of the global data privacy team in 2014. Here, he advised on the privacy implications of new products and services, to implement privacy and bank secrecy risk control measures, to analyse global regulatory proposals, and to assist in the development of the data protection compliance programme, including the review of policies and tools.

As part of his regulatory practice, Márton continuously monitors the regulatory developments in data privacy. He regularly gives presentations (Internet Hungary, Jogi Fórum, Infotér) and publishes articles (The Privacy Advisor, Napi Gazdaság, Origo) on privacy issues. He is a regular contributor of DataGuidance, the global privacy compliance service, and a founding member of the Data Protection Board of the Direct and Interactive Marketing Association (FEDMA member).

Márton is recommended by Legal 500 in the TMC category.

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"This is one of the very few law firms with specific TMT regulatory expertise. Also, the fact that the lawyers understand our business and needs very well is a great benefit."

Chambers, 2016

Relevant experience

  • Microsoft on a full range of legal matters. Significant works include: (i) liaising with the data protection authority re the practical side of Safe Harbor adherence and call centre operation; (iii) advising the client on various regulatory matters, such as the profiling requirements under the draft EU Data Protection Regulation, permitted use of social media videos, and government surveillance rights; (iii) advising the client in a software use audit; (iv) assessing the feasibility of cloud services in the healthcare sector and in the public sector, (v) preparing various template agreements, data privacy / cloud / used software information materials; (vi) localising a CEE public procurement training deck and a client facing marketing guidance; and (vii) advising the client re the interpretation of the ECJ's "right to be forgotten" judgment.
  • Magyar Telekom on the establishment of a major e-health system (patient-doctor-pharmaceutical company communications platform), including detailed analysis on the data privacy aspects, preparing the contractual background and the data privacy consents, negotiations with the infrastructure service provider and liaising with the Data Protection Supervisory Authority.
  • British Telecom on the local data privacy requirements and VAT / archiving law aspects of the transfer of personal data from CEE into an integrated database. The tasks included preparing the required data privacy consents, employee and third party communications and making the necessary submissions for various tax and data privacy authorities. Countries involved: Czech Republic, Slovakia, Poland, Hungary, Russia and Ukraine, and also reviewing the various governmental access rights.
  • Canon on the review of its business, HR and employees guides on data privacy, adapting these guides in accordance with data transfer requirements under the local laws of the following countries: Bulgaria, Czech Republic, Hungary, Poland, Slovakia and Slovenia.
  • GE on the data privacy aspects of access to / transfer of the employee emails and the files stored by the employee in case of integrity/compliance offences and business continuity cases. Countries involved: United Kingdom, Germany, France, Italy, Poland, and Turkey.
  • Johnson & Johnson on a data privacy audit regarding the operations of the Consumer and the MD&D business lines. Advised on its day-to-day data protection and privacy questions.
  • A major Hungarian bank on the contracting and regulatory aspects of obtaining Microsoft’s cloud computing services, (with specific focus on the practice and guidance of the Hungarian Financial Supervisory Authority, the Hungarian National Authority for Data Protection and Freedom of Information and the Article 29 Working Party, the Independent European data protection consulting firm, in cooperation with the European Commission).
  • Samsung Electronics on its day-to-day data protection and privacy questions.
  • A Hungarian low cost airline in 34 jurisdictions - following an ICO investigation - on the data protection requirements re its ticket agents, such as registrations, privacy policy amendments, data processing agreements and data retention requirements. Coordinating the registration procedures.
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Education

2012 - LL.M. in U.S. and Global Business Law, Suffolk University, Law School, Hungary

2007 - Postgraduate degree in Infocommunications Law and Technology, University of Pécs, Hungary

2003 - Post-graduate degree in International Trade Law, University of European Studies, Italy

2004 - Degree in Law, Eötvös Loránd University, Hungary

2004 - Degree in Media Studies, University of Szeged, Hungary

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Memberships

  • Founding member of the Data Protection Board of the Direct and Interactive Marketing Association
  • Member, Budapest Bar Association
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Publications

Navigating Out of Safe Harbors - CEE Legal Matters

Recent EU judgments in privacy cause far reaching implications on online operations - Financier Worldwide

Hungary develops its national public eHealth system - eHealth Law & Policy

Examining the impact of Weltimmo on e-commerce activities - Data Protection Law & Policy

The mandatory content of data processing information and regulations – detailed recommendations by the Hungarian National Authority for Data Protection and Freedom of Information (NAIH) to companies to facilitate compliance with the Information Act (article in Hungarian) - Jogifórum

The Act on data protection can be also applied to companies registered in a foreign country (article in Hungarian) - Origo

Hungarian DPA Reinvents Privacy Notices and Policies - The Privacy Advisor

Latest Hungarian reforms to protect state-owned operator - World Online Gambling Law Report

Data Protection Act Amendments Include Rules on BCRs, Data Breaches - World Data Protection Report

Data subject access to CCTV recordings (article in Hungarian) – Origo

Hungary - DPA Requesting a Flyby - Europe Data Protection Digest / The Privacy Advisor

BCRs, security breaches and increased fines on the horizon - a proposed bill to modify the Hungarian Data Protection Act - Data Protection Law & Policy

EU Data Protection Regulation – Let’s Start Preparing (article in Hungarian) – Kreativ Online

Hungary Steps Up its Child Protection Measures Online - Data Protection Law & Policy

Hungarian DPA Cracks Down on Fortune Telling Company's Direct Marketing, Here's What You Need To Know – The Privacy Advisor

CMS: Data Controllers to Revise their Practices 1-2 (article in Hungarian) – Origo

Updated Data Processing Practices – Recent findings from the DPA on Direct Marketing (article in Hungarian) – Jogifórum

2014: Key Year in Data Protection (article in Hungarian) – Napi Gazdaság

Hungarian DPA Suggests Refinements in IT Policies – The Privacy Adivsor

CMS: 2014 – New Target Date of the EU’s Data Protection Reform (article in Hungarian) – Origo

DPA Sets Out New Guidelines for Data Processing Agreements - World Data Protection Report

"We've got a guy who wants to talk, but he's constrained." – Whistleblowing Rules in the Private Sector (article in Hungarian) – Jogifórum

CMS: The Employee may Report Unlawful Practices in a More Secure Way (article in Hungarian) – Origo

New Whistle-Blowing Law Introduces New Personal Data Protection Rules - World Data Protection Report

New Whistleblowing Law Generates New Data Privacy Issues in Hungary – The Privacy Advisor

Highlights from the New DPA’s “Year One” – The Privacy Advisor

EU Data Protection Law – Important Changes for Companies and Authorities (1-2) (article in Hungarian) – Origo

"Keep bangin' on the wall of Fortress Europe" The Draft EU Data Protection Regulation (article in Hungarian) – Jogifórum

Cloud computing – Challenges for the Financial Players (article in Hungarian) – Tanácsadó Magazin

FATCA – Financial and Insurance Law Challenges from the USA (article in Hungarian) – Napi Gazdaság

Cookie Monster is here! Cookies and the Law – Jogifórum

Cloud Computing and the Law (article in Hungarian) – Napi Gazdaság

Data Security UK style – Cases at the ICO (article in Hungarian) – Jogifórum

Financial Supervisory Authority issues Circular for Hungarian Financial Institutions on the Use of Cloud Computing Technologies – The Privacy Advisor

Hungary – European Commission Investigates the Independence of New Data Protection Authority – The Privacy Advisor

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Lectures list

April 2016 - Bring Your Own Device – Own Devices, Shared Protection - Microsoft “Cloud Seminar – Standards, Own Devices and Legal Compliance”

March 2016 - The New EU Data Protection Regulation and how it affects the tasks and liabilities of companies - Management Training Centre 5th Data Protection Conference

January 2016 - IoT / e-commerce sector in CEE – the current state of play, trends, challenges and opportunities - Mega Mission 2016: Explore business opportunities in IoT/e-commerce in CEE

May 2015 - Hybrid Cloud Computing Services – Practical Tips for Contract Drafting - Microsoft – „How to Provide Top-notch Monthly IT Services?”

2014-2016 - Several presentation on data protection, including cloud computing, big data, etc. - Direct Interactive Marketing Federation

2014-2015 - New Data Privacy Rules for SMEs in the EU - Direct- and personal marketing, SME case studies – Fejér, Baranya, Csongrád County Chambers of Commerce

November 2014 - E-health – Regulatory Trends in Europe - Infotér Conference 

October 2014 - Big Data and Data Driven Economy in the EU - HVG Conference & Seminar – Big data in the Marketing

November 2013 - Smart Metering and Smart Laws - Infotér Conference

June 2013 - Big Data – Legal Issues in the Public Sector - Parliament of the Information Society

November 2012 - Regulating the Cloud - Internet Hungary

October 2012 - Cloud Computing in the Public Sector - Infotér Conference

June 2012 - Cloud Computing: Expectations and Concerns - Challenges in the cloud – Cloud Computing and Data Privacy, Legal Forum conference

May 2011 - Hot Topics in the Hungarian Data Protection Law and Practice – 2011 - DataGuidance – International Association of Privacy Professionals - 5th Annual European Data Protection Intensive

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Intellectual Property

Márton is a senior counsel within the commercial team at CMS Budapest, focusing on data protection, intellectual property, commercial transactions and the TMT sector. He is also the Coordinator of the CEE Data Protection Practice.

Márton has monitors the regulatory developments of intellectual property and other practice areas relevant to the TMC sector. He has experience in dealing with a wide range of IP issues (including trademarks, copyrights, patents and utility models) and IP dispute resolution/litigation matters, representing clients before the Hungarian Intellectual Property Office, the WIPO, the OHIM, the ordinary courts and other dispute resolution forums and advising in relation to the optimisation and safeguard of IP portfolios.

Márton has spent time working in-house at CMS’ clients. He completed a six month secondment at a global management consulting, technology services and outsourcing company, providing day-to-day legal advice in all projects of the company, working closely with local businesses and the company headquarter’s legal department. He also spent another six month secondment period at the CEE headquarters of a multinational American technology and services conglomerate.. He also completed a seven month secondment in the London headquarters of a global infrastructure, media and financial services company for the financial business unit as the member of the global data privacy team in 2014. Here, he advised on the privacy implications of new products and services, to implement privacy and bank secrecy risk control measures, to analyse global regulatory proposals, and to assist in the development of the data protection compliance programme, including the review of policies and tools.

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Relevant experience

  • Multinational American technology and services conglomerate on day-to-day legal matters on region wide commercial, employment, consumer protection, data protection, competition, public procurement and miscellaneous technology-related issues. Drafting supply, service level, maintenance, standard and specific software development, project and other IT contracts.
  • Samsung Electronics on negotiations and disputes regarding copyright levies with the Hungarian Bureau for the Protection of Authors’ Rights and the Reprographic Society, domain dispute procedures before various out-of-court organisations, day-to-day IP advice in relation to web shops, drafting license agreements. Advised the client in relation to enforcing its rights to trademarks and copyrights both online and offline; drafting proper IP agreements to be used with their commercial partners or the amendments of IP law affecting the client’s business.
  • Magyar Telekom on day-to-day IP matters and advice on the acquisition of a wide range of copyright and neighbouring right protected contents (television channels for distribution, television programs for broadcast on the client's television channel, mobile content for sale to the customers, content for offering via on demand services, production of television programs, articles and other content to be published on the client’s websites).
  • A leading technology company on the manufacturing, advertisement and distribution of electronic goods in relation to providing intellectual property, general commercial and regulatory advice.
  • A Hungarian low cost airline on the registration of trademarks, handling international trademark portfolio, domain dispute procedures before various out-of-court organisations, representing the client in the course of IP infringements in digital environment.
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Education

2012 - LL.M. in U.S. and Global Business Law, Suffolk University, Law School, Hungary

2007 - Postgraduate degree in Infocommunications Law and Technology, University of Pécs, Hungary

2003 - Post-graduate degree in International Trade Law, University of European Studies, Italy

2004 - Degree in Law, Eötvös Loránd University, Hungary

2004 - Degree in Media Studies, University of Szeged, Hungary

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Memberships

  • Founding member of the Data Protection Board of the Direct and Interactive Marketing Association
  • Member, Budapest Bar Association
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Commercial

Márton is a senior counsel within the commercial team at CMS Budapest, focusing on data protection, intellectual property, commercial transactions and the TMT sector. He is also the Coordinator of the CEE Data Protection Practice.

He has substantial experience in drafting and negotiating general commercial and IT contracts, advertising, sponsorship and marketing, outsourcing, distribution and franchise agreements, commercial regulatory matters as well as data protection, privacy law and internet law issues.

Márton has spent time working in-house at CMS’ clients. He completed a six month secondment at a global management consulting, technology services and outsourcing company, providing day-to-day legal advice in all projects of the company, working closely with local businesses and the company headquarter’s legal department. He also spent another six month secondment period at the CEE headquarters of a multinational American technology and services conglomerate.. He also completed a seven month secondment in the London headquarters of a global infrastructure, media and financial services company for the financial business unit as the member of the global data privacy team in 2014. Here, he advised on the privacy implications of new products and services, to implement privacy and bank secrecy risk control measures, to analyse global regulatory proposals, and to assist in the development of the data protection compliance programme, including the review of policies and tools.

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Relevant experience

  • A multinational computer, technology and IT consulting corporation on day-to-day legal matters on region wide commercial, consumer protection, data protection and miscellaneous technology-related issues. Drafting supply, service level, maintenance, standard and specific software development, project and other IT contracts. Supporting IT contract controlling and IT infrastructure library. 6 month secondment at the client’s CEE headquarters in Vienna, supporting the regional legal department.
  • Microsoft on all commercial issues, including general commercial and data protection matters.
  • A leading multinational consumer electronics company on general commercial matters, IP, advertisement, competition, employment, data protection and regulatory issues. Significant works include: the introduction of an on-line music downloading service, the establishment and use of a customer / concerned customer database, drafting general terms and conditions and contractual templates, after-sales consumer service regulations, rules on the acceptance of fully functional or faulty goods, prevention of unfair or anti-competitive market practices, domain name disputes, introduction of anti-bribery procedures, and the establishment of a video hub.
  • A leading technology company on the manufacturing, advertisement and distribution of electronic goods in relation to providing general commercial and regulatory advice. General advice on competition, IP, environmental and product compliance, accomplishment of a product recall in the CEE, compliance with rules on digital switchover, the use of e-signatures and day-to-day e-commerce, compliance with the R&TTE Directive and other special technical regulations, and drafting and negotiating contracts with distributors. Other significant works include: product labelling, product safety, packaging, product charges, energy efficiency, pricing, noise protection, hygienic tests, waste management, warranty obligations, and product liability.
  • Samsung Electronics on all commercial issues, including general commercial matters and regulatory s, as well as establishment of numerous companies, providing day to day legal advice regarding its operations in Hungary.
  • Electronic Arts on general commercial matters and various regulatory issues on a regular basis.
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14 December 2016
CEE Con­sumer Products Up­date
14/11/2017
Hun­gary: New au­thor­ity for su­per­vising gambling activ­it­ies, and oth­er...
With its De­cree No. 183/2017 (Ju­ly 5), the Hun­gari­an Gov­ern­ment es­tab­lished the Gambling Su­per­vis­ory Au­thor­ity (“GSA”), a new au­thor­ity for su­per­vising gambling activ­it­ies and ser­vices in Hun­gary. I. Back­ground of the re­or­gan­iz­a­tion Pri­or to the es­tab­lish­ment.
25/11/2014
Your CMS Guide to a suc­cess­ful cook­ie policy across...
17/08/2017
Hun­gary: Data Pro­tec­tion As­pects of Block­chain
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion, is­sued a guid­ance on block­chain data pro­tec­tion. The guid­ance an­swers the ques­tions of a private in­di­vidu­al in a spe­cif­ic case, and NAIH pub­lished it be­cause of pub­lic in­terest and the.
03/04/2014
CEE CMS Data Pro­tec­tion we­bin­ar series - Part 2
28/02/2017
Hun­gary: New Drone Reg­u­la­tions
The rules and reg­u­la­tions on un­manned air­craft sys­tems (drones) in Hun­gary are align­ing with in­ter­na­tion­al trends, and have been tightened by an amend­ment to Act CXXXVI of 2016 on the Amend­ment of Act XCVII of 1995 on the Avi­ation (the "Act").
27/03/2014
CEE CMS Data Pro­tec­tion we­bin­ar series - Part 1
22/02/2017
Hun­gary: New le­gis­la­tion on ra­dio equip­ment
Hun­gary: New le­gis­la­tion on ra­dio equip­ment The Hun­gari­an Me­dia and In­focom­mu­nic­a­tions Au­thor­ity re­cently is­sued De­cree No. 2/2017 (I. 17) on ra­dio equip­ment (the “New Reg­u­la­tion”) which was needed to com­ply with EU har­mon­isa­tion re­quire­ments un­der Dir­ect­ive.
07/02/2017
Hun­gary: New prac­tice-ori­ented cloud re­com­mend­a­tion for fin­an­cial...
Fin­an­cial in­sti­tu­tions face many spe­cif­ic reg­u­lat­ory re­quire­ments – re­gard­ing such things as risk man­age­ment tasks, de­tailed cost-be­ne­fit ana­lys­is and man­dat­ory con­trac­tu­al terms – when out­sourcing their data pro­cessing op­er­a­tions to cloud ser­vice pro­viders.
19/01/2017
Hun­gary: Com­pre­hens­ive and strict guid­ance on work­place pri­vacy
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion, is­sued a new, com­pre­hens­ive guid­ance on the gen­er­al re­quire­ments of work­place data pro­cessing. The 41 page guid­ance provides de­tailed in­sight on NAIH’s ap­proach to the most com­mon em­ploy­ment-re­lated.
14/09/2016
Hun­gary: Pri­vacy guid­ance on in­dir­ect data col­lec­tion
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion is­sued guid­ance on the data pro­tec­tion risks and pos­sible solu­tions of in­dir­ect data col­lec­tion. (Please click here for a link to the guid­ance – avail­able in Hun­gari­an only.
07/09/2016
Hun­gary: NAIH is­sues fol­low-up re­com­mend­a­tion on voice re­cord­ings
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion is­sued a new re­com­mend­a­tion on Mak­ing, Ac­cess­ing and Copy­ing Voice Re­cord­ings, in­ten­ded to fur­ther cla­ri­fy pri­vacy as­pects of voice re­cord­ings.
02/09/2016
Hun­gary: New pri­vacy guid­ance on em­ploy­er­s' use of back­ground checks
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion is­sued new guid­ance on wheth­er, and un­der what con­di­tions, a Hun­gari­an em­ploy­er can con­duct back­ground checks of its em­ploy­ees or job can­did­ates.
31/08/2016
Hun­gary: New data pro­tec­tion on the use of em­ploy­ee pho­tos
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion is­sued new guid­ance on the law­ful use of em­ploy­ee pho­tos. (Please click here for a link to the guid­ance – avail­able in Hun­gari­an only.
09/08/2016
Su­preme Court Guid­ance on Per­son­al Data Dis­clos­ure in Copy­right Claims
Hun­gary’s Su­preme Court – the Curia – re­cently held that dur­ing the en­force­ment of copy­right claims be­fore courts, in­ter­net ser­vice pro­viders (ISPs) may dis­close the per­son­al data of their nat­ur­al per­son sub­scribers only with the sub­scribers’ con­sent.
03/08/2016
New Data Pro­tec­tion Guid­ance on Voice Re­cord­ings
NAIH, Hun­gary’s Au­thor­ity for Data Pro­tec­tion and Free­dom of In­form­a­tion, con­stantly re­ceives in­quir­ies on the leg­al­ity of voice re­cord­ings. To cla­ri­fy the am­bi­gu­ities, NAIH is­sued its Guid­ance on Mak­ing and Us­ing Voice Re­cord­ings.