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Technology, Media and Communications Law Firm in Austria

Constant innovation and continuous technological change steadily alter the business environment. Conventional business structures dissolve, new business models arise. Innovation is key, but you need to overcome significant regulatory and commercial hurdles.

For the past two decades, our team of over 100 specialist partners in 42 countries has been exposed to every risk and challenge you face in the TMC sector such as IP infringements or anti-trust issues. This means we understand the industries in which you transact including telecommunications, technology, sourcing, sports and media as well as data protection and are able to develop innovative solutions for you.

Technological convergence coupled with the rapid spread of new technologies has opened up a wealth of opportunities in your industry and you must move swiftly to capitalise on them. To stay ahead of the competition, you need to spot and pre-empt legal difficulties before they arise. From M&A to investment and financing, from tax to licensing and product liability, from intellectual property to employment and environmental issues, from network sharing to outsourcing, our multi-disciplinary teams can support you.

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Cyber Security
Mit der fortschreitenden Digitalisierung und der steigenden Abhängigkeit von IT-Systemen erhöht sich auch das Risiko von Cyberangriffen f&uu
blockchain
Blockchain & Smart Contracts
Blockchain technology and smart contracts enable new and exciting business models both in Austria and internationally. However, many legal systems &nd
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Data Protection Law
The law firm for data protection law . In an increasingly networked world, in which cloud solutions, international data exchange, artificial inte
IT-Law
Information technology is developing at lightning speed, at the same time, the field of IT law has developed at a similar pace. One of the key drivers
Media Law
Law firm for media law. What is media law? What is the Media Act?. The rapid expansion in the field of media, especially new media, as well as the gro
Sports Law
The commercialisation and professionalisation of sport has made questions of sports law increasingly more relevant. For you - as an individual athlete
CMS Expert Guide to 5G
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15/03/2024
CMS advises Sfakianakis Group on the acquisition of Ajar Car Rental
Press release - 15 March 2024 CMS Austria has advised the Greek Sfakianakis Group on the acquisition of Ajar Car Rental GmbH from the Saudi Arabian Al Jomaih Group, providing comprehensive legal advice on the project. Ajar Car Rental GmbH is the master franchisee of Enterprise, National, and Alamo in Austria, serving rent-a-car customers across the country. During the acquisition, the CMS Austria team provided significant support and advice on all areas of the transaction, including due diligence, employment, regulatory compliance, intellectual property, banking and finance, data protection and competition. Alexander Rakosi (Partner, Corporate/M&A) led the CMS core transaction team, which further consisted of Christoph Birner (Associate, Corporate/M&A) and Thomas Liegl (Associate, Corporate/M&A). Alexander Rakosi comments: “We are very pleased to have successfully supported the Sfakianakis Group on its market entry into Austria and to have contributed to our client's continued growth in the automotive industry."The CMS due diligence team included Rebecca Herlitz (Associate, Corporate/M&A), Mariella Kapoun (Partner, Real Estate), Hans Lederer (Partner, Intellectual Property), Andreas Lichtenberger (At­tor­ney-at-Law, Data Protection), Caroline Pavitsits (Associate, Employment), Kai Ruckelshausen (Partner, Banking & Finance), Sheldon Sookdeo (Associate, Banking & Finance), Maximilian Uidl (Associate, Real Estate), Marlene Wim­mer-Nistel­ber­ger (Partner, Regulatory), Jens Winter (Partner, Employment) and Dieter Zandler (Partner, Competition), as well as legal trainees Roman Namestek, Ferdinand Sima and Mattias Torggler. PHH Rechtsanwälte, led by Rainer Kaspar and Philip Rosenauer, provided legal support to Al Jomaih. About Sfakianakis Group Founded in 1958, Sfakianakis Group is one of the leading diversified business groups in Greece, with a core focus on the Automotive, Industrial and Consumer Retail sectors. Headquartered in Athens, Greece, the Group is 100% family owned and employs over 1,500 individuals across 14 countries in Europe. Within the Automotive sector, the Group operates one of the largest automotive retail businesses in the region, the distribution businesses of BYD and Suzuki, a leading long-term leasing business (Executive Lease), and a rapidly growing Rent-A-Car business as the Master Franchisee of En­ter­prise-Na­tion­al-Alamo in 14 countries.
13/03/2024
CMS Business Breakfast | Navigating the Future: AI and Digital Regulations...
CMS Business Breakfast
12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
05/03/2024
Domain names are assets that can be attached
On 16 January 2024, the Brussels Court of First Instance rendered an interesting decision about the right of a creditor to attach the domain names of his debtor and to sell them to the highest bidder.We...
25/01/2024
Emerging Europe M&A Report 2023/2024
Despite geopolitical tensions, fears of recession and strong inflationary pressures across the EU, as well as the fiscal tightening needed to contain them, M&A in the CEE region has remained reasonably buoyant. Findings from the CMS Emer­ging Europe M&A 2023/24 report, published in cooperation with EMIS, demonstrate the resilience of the Emerging Europe deals market as activity holds firm against a backdrop of geopolitical tensions and strong inflationary pressures. Welcome to the 2023/24 edition of the Emerging Europe report.
12/01/2024
A new tool in the fight against online infringement
Online infringements and domain squatting are challenges often faced by businesses and tackling such issues has been made all the more difficult in a post-GDPR world where most publicly available domain...
29/12/2023
Tackling the misuse of crypto-assets for ML-TF purposes
As a constantly evolving sector, the crypto-assets ecosystem presents continuous challenges, particularly in terms of money laundering and terrorist financing (ML-TF) risks.To tackle the misuse of crypto-assets...
22/12/2023
AI Act: Council and Parliament reach political deal
After lengthy negotiations, a political deal has been reached on the AI Act. This blog provides an overview of the current situation.There has been a gap of over two years between the world's first legal...
18/12/2023
Digital health apps and telemedicine in Austria
Digital Health Apps/Software 1. How is the software within digital health apps classified in your jurisdiction, and what regulation(s) apply? 1.1 Is it considered a “medical device” or a “product”...
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13/12/2023
With EU Cyber Resilience Act, EU gets tough on IoT supply chain cybersecurity
On 30 November 2023, the EU took a decisive step towards bolstering cybersecurity in the Internet of Things (IoT) supply chain by reaching a political agreement over the Cyber Resilience Act (CRA). ...
05/12/2023
CMS launched Digital RegulationPress release | Hub providing a clear roadmap...
Press release - 05 December 2023On 28 November 2023 CMS has launched its Digital Regulation Hub, the most comprehensive resource for capturing key regulations, commentary, and guidance to assist with navigating the regulatory landscape within Europe and beyond. In the context of the European Union (EU) Commission's ‘A Europe fit for the digital age’ plan, organisations have experienced an onslaught of digital regulations over the past two years with more to come. These rules are pivotal for businesses, imposing legal obligations for fair competition, personal data protection, and responsible digital services across various industries. However, tracking and adhering to these regulations can be a challenging and overwhelming task for businesses. The Digital Regulation Hub provides a destination for guidance, materials, and events relevant to EU digital regulations and wider-reaching considerations. Johannes Juranek, managing partner and head of the regional TMC Group: “Our new Digital Regulation Hub, featuring a comprehensive tracker tool, is a game-changer for General Counsels, C-suite leaders, and key decision-makers. This resource is not just a repository of information; it is a dynamic platform which is regularly updated to reflect the latest developments. In an era where regulatory compliance is non-negotiable, our hub empowers businesses to navigate complexities, providing a vital tool for informed decision-making and strategic adaptation to evolving legal landscapes.” Comprehensive guidance for AI businesses A solid grasp of regulatory frameworks is very important for responsible business practices. The EU AI Act is about to become an essential piece of legislation shaping AI ethics in the European Union. Our dedicated info page within the Digital Regulation Hub provides a one-stop resource for companies to understand and comply with the EU AI Act. Non-compliance with the EU AI Act can result in significant fines, emphasising the importance of staying informed and adherent to these regulations. Martina Gavalec, senior associate and driving force behind the AI initiative for CMS Reich-Rohrwig Hainz: “Our Hub provides the latest and most comprehensive insights on AI regulations and their legal complexities. We are dedicated to helping organizations stay at the forefront of responsible AI development, deployment, and utilization. By centralizing critical insights and updates, our Hub empowers businesses to confidently navigate intricate regulations, foster trust, and commit to responsible AI practices. In an era where digital ethics are paramount, our Digital Regulation Hub is an essential resource for organizations aiming to seamlessly adapt to the ever-changing legal landscape and thrive.” Interactive Tracker The Digital Regulation Hub also features an interactive tracker tool which is regularly updated to reflect new developments and resources for General Counsel, C-suite leaders and key decision-makers. Grasping the opportunity in digital regulation Additionally, CMS has conducted an in-depth study on how businesses are responding to the uptick in digital regulation. The study seeks to highlight the perceived effects on innovation, competition, protection, and consistency across borders for companies operating in the following industries: plat­forms/in­ter­me­di­ar­ies, online intermediation services, content providers, life sciences & healthcare, energy & infrastructure, banking & finance and automotive.  The key findings of this study, which are available via the Hub, are: How businesses respond to regulation will determine their success in the digital age. 76% agree that only those who adapt to digital regulation will succeed in this new economy. 73% agree that acting quickly on new regulation is essential to keep pace with digital in­nov­a­tion.   Busi­nesses are underestimating the impact of the EU's non-personal data strategy. The EU is laying the foundations of a new data economy, but only: 9% consider non-personal data (NPD) to be ‘highly’ strategic to their business. 13% believe NPD regulation offers significant op­por­tun­it­ies.   AI regulation presents more opportunities than threats. 94% believe that AI regulation offers ‘sig­ni­fic­ant’ or ‘moderate’ opportunities, including the ability to compete on a safe playing field with legal certainty and security. 80% think AI regulation poses ‘sig­ni­fic­ant’ or ‘moderate’ commercial threats, suggesting some concerns of ‘over­reg­u­la­tion’.   The majority of in-house lawyers see digital platform regulation as a ‘sig­ni­fic­ant’ opportunity. 54% expect ‘sig­ni­fic­ant’ commercial opportunities to arise from digital platform regulation. This includes 71% of content providers, who have much to gain from regulation aimed at curbing the market power of recognised digital gate­keep­ers.   Most businesses have assessed the impact of digital regulation. Now it's time to act. 73% have taken steps to assess the risks of digital regulation. 63% have consulted external counsel. Only 36% have revised their digital transformation plans, despite looming deadlines. Falling behind schedule is simply not an option. Expert discussions In 2024, CMS will be hosting a series of roundtable discussions and webinars focused on exploring the digital regulation topic further. These events will encourage legal teams and decision-makers to assess the risks presented by the changing environment, and the commercial opportunities arising from ongoing regulations. In the meantime, please find more information on the events here.
20/11/2023
Data protection and cybersecurity laws in Austria
Data protection 1. Local data protection laws and scope General Data Protection Regulation (GDPR)Austrian Data Protection Act 2018 (DPA 2018)Austrian Tele­com­mu­nic­a­tions Act 2003 (TCA 2003)Austrian Act...
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