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17/05/2024
European Sanctions: Mandatory Contract Clauses, New Criminal Penalties
Back­ground­Follow­ing Russia’s occupation of Crimea in 2014 and invasion of Ukraine in 2022, global allies including the UK, US and EU, Canada and Australia, acted in concert to impose stringent sanctions...
16/05/2024
A broader interpretation of "substance or composition" - good news for...
A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The back­ground:Art­icle 53(c)...
Green Claims Enforcement Risks by CMS and Sustainability&
CMS and Sustainability&  
15/05/2024
Six years of GDPR: Europe-wide analysis shows increasingly dynamic sanction...
Highest GDPR fine of 1.2 billion euros imposed by the Irish data protection authority in May 2023 for a breach of the rules on international data transfers. Further fines imposed by this authority in 2023 amounted to hundreds of millions of euros. The main violations are “Insufficient legal basis for data processing” and “Failure to comply with the general principles of data processing”. The next most common violation is “Insufficient technical and organizational measures to ensure information security”. Spain tops the list of countries with the most fines for the fifth year in a row, followed by Italy and Romania. Ireland, Luxembourg and France have the highest average fines and total amounts per country. Berlin – Today, international law firm CMS has published the fifth edition of its annual Enforcement Tracker Report. The English-language report shows the developments of all publicly known GDPR fines based on CMS's own online database, GDPR Enforcement Tracker. The current edition of the report covers the analysis period between March 2023 and March 2024. 510 fines were added for the past year as of the editorial deadline on 1 March 2024. This brings the total number of data protection fines since the GDPR came into effect in May 2018 to 2,225, or 2,086 if only fines with full details such as the amount of the fine, date and authority are counted. The total amount of fines since the start of the survey is around 4.5 billion euros. This means that fines of around 1.7 billion euros have been added compared to last year’s Enforcement Tracker Report. This shows that authorities are no longer shying away from imposing high fines. The average fine for the entire reporting period was around 2.1 million euros - with high fines against “big tech” companies in 2021/22 and the first fine in the billions in 2023 having a particularly heavy impact.“At the top of the list of GDPR fine triggers is, once again, insufficient legal basis and non-compliance with the general data processing principles as well as insufficient technical and organisational measures. Companies should pay particular attention to this,” says Christian Runte, lawyer and partner at the international commercial law firm CMS Germany. Dr Alexander Schmid from the Enforcement Tracker team at CMS Germany adds: “In addition to data protection authorities, the courts have also increasingly dealt with the interpretation of the GDPR. For example, the Court of Justice of the European Union has further clarified the scope of data subjects' right of access. “These rulings create more clarity, but at the same time tighten the requirements for companies, which is why, in addition to a viable compliance concept, current developments will also be decisive for them in practice in the future.”Read the full Enforcement Tracker Report here; a summary can be found here. Pressekon­takt presse@cms-hs. com
13/05/2024
CMS RRH Competition team made their mark at the international competition...
Last week (9 and 10 May 2024), our team represented CMS RRH Competition practice at the “Meet to Compete Competition Law and Policy Conference – Tools for New Rules” held in Opatija, Croatia. Dieter Zandler from CMS Austria, Marija Zrno Prošić, Dina Čeliković and Filip Bjelinski from Croatia, Srđan Janković and Maja Živanović (Serbia, Montenegro & North Macedonia), and Robert Kordić and Gašper Hajdu from Slovenia, together spent two wonderful days in interactive discussions with representatives of competition authorities, judges, attorneys, in-house lawyers, and other legal practitioners from all over the Europe. During the first day of the conference, discussions centered on topics including concentrations and FSR, the implications of the "effects-based approach," and recent developments in the Central and Southeast Europe (CEE & SEE) region. The team spent their first conference day pleasantly networking at the coffee break powered by CMS and in the evening at the cocktail and dinner with conference attendees. The second day of the conference was all about workshops covering topics such as exclusionary abuses of dominance, horizontal agreements and disagreements, RPM, etc. Our Marija Zrno Prošić led a focused workshop on the most common vertical restraints, using practical examples from the field and engaging with the audience through survey questions to enhance interaction and understanding. The audience reactions were very positive and discussions continued after the workshop. Overall, we were happy to have our close-nit competition team at this conference, as such events with regional outreach are crucial in fostering collaboration, enhance understanding of regulatory nuances, and promote best practices across different jurisdictions. About the Conference The Conference traditionally offers a platform for discussion about recent antitrust developments, with a particular focus on Central and Eastern Europe (CEE) and South-East Europe (SEE). The Conference is supported by the Croatian Competition Agency, universities and local organizations, with great speakers from the OECD, European Commission, universities, industry and regulators from the entire region and Europe.  
13/05/2024
Belgrade Energy Forum 2024
The Belgrade Energy Forum 2024  will connect, and in partnership with the Balkan Green Energy News portal, present and promote decision makers, directors of power utilities, leading investors, financial institutions, power traders, consultancies and law offices, technology providers, companies for innovative services and digital solutions, think-tanks and civil society organizations. CMS experts Dimitar Zwiatkow, Marija Mušec and Tamara Zejak will discuss the regulatory framework for storage and batteries in the region of SEE. 
08/05/2024
Pharmaceutical advertising regulation and medical device advertising in...
1. Which laws are applicable regarding advertising of medicines and medical devices? The Law on Medicines and Medical Devices, Official Gazette of Republic of North Macedonia nos. 106/07, 88/10, 36/11...
07/05/2024
Energy and climate change: The most significant climate change litigation...
In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate...
07/05/2024
At CEEntre Stage | The Impact of ESOP incentives on CEE's corporate culture
At CEEntre Stage 
06/05/2024
The Impact of ESOP incentives on CEE's corporate culture
At CEEntre Stage 
06/05/2024
Transfer of IP rights in North Macedonia
Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  A patent can be assigned...
Comparable
30/04/2024
CMS is CEE Firm of the Year 2024
CMS wins Chambers Europe 2024 award for Central and Eastern Europe. ​​​