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Expertise
24/05/2024
Charging ahead: electricity storage regulation in CEE
CEE Legal Matters | 17 May 2024
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.  
30/04/2024
CMS is CEE Firm of the Year 2024
CMS wins Chambers Europe 2024 award for Central and Eastern Europe. ​​​
30/04/2024
CMS advisesd EBRD on EUR 22,000,000 loan to Farmak Group for pharma acquisition...
International law firm CMS has advised its longstanding client, the European Bank for Reconstruction and Development (EBRD), on EUR 22,000,000 (twenty-two million Euro) loan to international phar­ma­ceut­ic­al...
29/04/2024
Deal of the Year 2024 | CMS Austria and CMS North Macedonia
CMS Austria and CMS North Macedonia were awarded the 2023 Deal of the Year.
26/04/2024
CMS celebrates significant awards success in CEE
International law firm CMS has won several awards this week, reflecting its dominance and reputation for excellence in Central and Eastern Europe. CMS was named CEE Law Firm of the Year and Hungary Law...
19/04/2024
Tax: A CEE Level of Intricacy
CEE Legal Matters | published on 12 March 2024
17/04/2024
CMS advises Austrian Airlines on sale of Austrian Airlines Technik Bratislava
Press release - 17 April 2024An international team of CMS lawyers has provided comprehensive legal advice to Austrian Airlines AG on the sale of the Slovakian company Austrian Airlines Technik Bratislava (ATB) to the Dutch aircraft maintenance provider SAMCO Aircraft Main­ten­ance. Es­tab­lished in 2006, ATB has been offering first-class maintenance services specifically to regional aircraft operators. Closing the deal in early April, CMS supported the company’s successful sale to SAMCO Aircraft Maintenance, which expands its base maintenance footprint in Europe as a consequence. In the course of the acquisition, the CMS team contributed its international expertise in corporate law/M&A matters and also provided extensive legal advice on financing aspects and competition law. “We are excited to have supported Austrian Airlines on this transaction and are pleased that our expertise in cross-border M&A matters contributed to the smooth execution of the deal,” says Alexander Rakosi, a partner at CMS and a member of the corporate transactions team in Vienna. The CMS core transaction team consisted of partners Alexander Rakosi and Florian Mayer (both Vienna, Corporate/M&A) and attorney-at-law Martina Gavalec (Bratislava, Corporate/M&A), and was supported by partner Dieter Zandler (Vienna, Antitrust), associate Rebecca Herlitz (Vienna, Corporate), associate Ján Ševčík (Bratislava, Dispute Resolution), and legal trainee Matthias Torggler (Vienna, Corporate Transactions). On the buyer side, BarentsKrans (Netherlands) and Kinstellar (Slovakia) were involved in the transaction.
15/04/2024
CMS supports Superhumans Center in receiving USD 25 million political risk...
International law firm CMS is proud and honoured to support the Superhumans Center, a state-of-the-art prosthetics and rehabilitation medical centre in Ukraine, in receiving USD 25 million in political...
22/03/2024
CMS European M&A Study 2024
Press release - 22 March 2024
18/03/2024
Emerging Europe’s Energy Transition
CEE Legal Matters | 12 March 2024