Blog » ILF CONFERENCE IN MILAN – PRESENTATION - TAKEAWAYS FROM FIRST GDPR PENALTIES
ILF CONFERENCE IN MILAN – PRESENTATION - TAKEAWAYS FROM FIRST GDPR PENALTIES
15 May 2019
This May we participated in the European Conference of International Law Firms in Milan, where our managing partner Richard Schmidt held a presentation to members of ILF on recent developments of European Data Protection Law. The presentation focused on the lessons learnt from the first GDPR fines imposed by the national data protection authorities of various European jurisdictions in the 1st year of GDPR.
Our office is member of International Law Firms (ILF), a network of 70+ medium-sized independent law firms around the world. The members of ILF gather each year to hold conference on worldwide and regional level, in order to exchange experience, share knowledge and deepen interpersonal relations between lawyers.
This year the European regional conference was held between 10-11 May 2019 in Milan, which is not only the capital of fashion, but the business centre of Italy, as well. The conference was hosted by our esteemed member, Italy, Avv. Veronica Donella, partner of Studio Legale Donella. The popularity of the conference is shown by the fact that delegates of more than 25 law firms participated the event, even from non-European countries, like USA, China (Hong Kong) and Indonesia.
Our law firm was represented by managing partner Richard Schmidt, who held a presentation to the members of ILF on the recent developments of European data protection law.
Given that the European General Data Protection Regulation (GDPR) celebrates soon its 1st birthday, Richard’s presentation was focusing on the application of GDPR in the EU member states, in order to address the issue, whether there is a divergence or convergence between the national data protection authorities of the European countries.
Richard started the presentation with the sanction system of the GDPR, by shortly summarizing the non-pecuniary and pecuniary sanctions of the regulation.
Then Richard analysed the application of the sanctions through case studies brought from different European jurisdictions. Starting with the famous Google decision from France, he continued with the Portuguese hospital case, and with the case of Bisnode in Poland. The case study section of the presentation was closed with taxi company case from Denmark, and with the “Rousseau Platform” case from Italy.
As a synthesis, Richard analysed, how the various aggravating and mitigating factors influencing the severity of sanctions applied work in practice, in the light of the above mentioned national decisions, by emphasizing that the vast majority of open issues will be solved only years later, when the European Court of Justice will deliver judgment in the framework of preliminary ruling procedures, interpreting the disputed provisions of the GDPR.
The presentation was closed by a questions and answers section, in the framework of which interesting questions were discussed by the participants, like extra-EU enforcement of GDPR fines, legitimate interest tests in practice, etc.
We would like to express our highest level of gratitude and appreciation for the organisers to host such a great regional conference in Milan!
Hungary: Steps Towards Differentiating Between Domestic and International Procedural Public Policy
Drawing a well-defined line of demarcation between domestic and international public policy when enforcing foreign arbitral awards sends a clear pro-arbitration message from national courts in any jurisdiction. Does Hungarian case law come close to this level of sophistication? This post analyses this question in the context of procedural public policy, and it does so based on two recent appellate court decisions rendered in the context of enforcement of arbitral awards in accordance with the New York Convention.Read more »
EU ISSUED NEW GDPR STANDARD CONTRACTUAL CLAUSES – WHEN AND HOW TO USE THEM?
During summer 2021, the European Commission published two new "standard contractual clauses" on data protection regulation, which can be applied on the one hand, to the legal relationship between data controllers and data processors covered by the GDPR , and to the transfers of personal data to third countries, on the other. In this article, we answer the questions: what these SCCs regulate, how do they differ from the previous SCCs and how can your company use the new SCCs?Read more »
CAN THE NON-COMPETITION AGREEMENT BE VALID WITHOUT A PRECISE COMPENSATION IN HUNGARY?
The non-compete agreement may provide protection of the legitimate economic interests of the employer even after the termination of employment relationship. However, the Hungarian Labour Code lays down strict requirements for the agreement. In our article we analyse a recent decision of the Supreme Court about the importance of the precise determination of the compensation, so you as an employer can conclude a valid non-compete agreement.Read more »