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Full-service slovak law firm

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CORPORATE LAW
M&A

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Banking, Finance
& Capital Markets

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Real Estate
& Construction

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Energy, Infrastructure
& Transport

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Awards & Deals


  • Law Firm of the Year 2017, Slovakia

    HKV named as the “highly recommended law firm” in seven categories of the competition Law Firm of the Year 2017: Corporate Law, Competition, Developer Projects and Real Estate, Mergers and Acquisitions, Banking and Finance, Employement and Public Procurement.

  • Legal 500 2017, Slovakia

    Legal 500 guide for the year 2017 identified HKV in five ranking categories: Banking, Finance & Capital Markets; Commercial, Corporate and M&A; Employement; Projects and Energy and Real Estate and Construction.

  • IFLR 1000 2017, Slovakia

    “They have deep knowledge in all areas, provide quick reactions and deliveries and have done a good job recently,” says a client who worked with the firm on project finance.

  • Chambers Europe 2017, Slovakia

    HKV ranked by the Chambers Europe 2017 in the categories Banking & Finance, Corporate/M&A, Employment, Energy, Real Estate and Restructuring/Insolvency.

  • Chambers Europe 2017, Slovakia

    Peter Víglaský is admired by clients and highlighted for his "excellent knowledge of the international environment."

  • Chambers Europe 2017, Slovakia

    Well known as a practitioner who "makes deals happen," Roman Hamalais appreciated by his clients, who say: "He can anticipate future problems and avoid them or provide solutions before we ask."

  • Chambers Europe 2017, Slovakia

    Martin Kluch impresses clients with his "pro-deal" attitude. He is described as "technically very good, very pragmatic and personable. We get clear answers from him. He provides business-oriented advice."

  • IFLR 1000 2017, Slovakia

    The IFLR1000 guide ranked HKV in the categories Energy and Infrastructure and Financial and Corporate for the year 2017.

  • IFLR 1000 2017, Slovakia

    „The approach that we have experienced was client friendly, pro-active and practical,” says a client from the energy industry.


News



General Data Protection Regulation, approaching effectiveness and its practical impact


New Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the Regulation) shall come into force on May 25th 2018.
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The current legislation in the form of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data has been implemented inconsistently by individual Member States. As a result, there is an unclear fragmentation of personal data protection rules consisting in total of 28 different data protection laws, each of which has its own specificities, and some even contradict each other. Fragile legislation in the area of personal data protection has thus created an obstacle for entrepreneurs to use actively all available technological means and expand to the markets of other Member States and, last but not least, has seriously undermined the confidence of the citizens of the European Union in strict protection of their personal data.

The long-awaited reform of the Personal Data Protection system in the form of the adopted Regulation has a clearly defined objective – to set up a uniform and directly applicable system of rules on the protection of personal data across the whole European Union, thus to accompany Europe on the road to the digital age that it has already embarked upon.

Harmonized legislation introduces, in addition to a number of positive changes in the form of easier access to foreign markets, also several new, obligations for entrepreneurs that are not known yet. An unusually strict system of high sanctions, mandatory reporting of security incidents, the right to be forgotten and the right to data portability are just some of the news that will undoubtedly transform the European business environment.


New Law on Register of Public Sector Partners


On February 1st, 2017, new Act No. 315/2016 Coll., on Register of Public Sector Partners came into force. By adopting this new law, the legislator seeks to uncover the ownership and management structures of the entities that are interested in trading with the public sector as well as to bring more transparency to the public procurement sector.
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The Register of Public Sector Partners is a substitute for the already existing register of ultimate beneficiaries introduced by Act No. 343/2015 Coll., on public procurement. In contrast to its predecessor, the Register of Public Sector Partners clearly goes beyond public procurement and covers a much wider range of transactions between entrepreneurs and the public sector. The Ministry of Justice of the Slovak Republic will be the administrator of the Register and the District Court of Žilina will be the registration authority.

In general, any legal or natural person that is not itself part of the public sector and

  • receives payments from any public budget; or

  • accepts a fulfilment in the form of property or property rights of the state or other public institutions; or

  • concludes an agreement pursuant to Act No. 343/2015 Coll., on public procurement; or

  • is a healthcare provider that concluded an agreement on the provision of healthcare services with a health insurance company; or

  • is obligatorily registered in accordance with Act No. 581/2004 Coll., on health insurance companies

is considered a public-sector partner.

A public-sector partner must strictly fulfil a wide range of duties. One of the most important obligations of the public-sector partners is the obligation to be registered in the Register of Public Sector Partners, as such registration is a necessary precondition for conducting business with the public sector.

Public sector partners are not authorized to register themselves with the Register of Public Sector Partners without the involvement of an independent subject. Such registration requires the co-operation of the so-called authorized person with whom the public-sector partner concerned has to conclude a special agreement. The law strictly stipulates that the authorized person may only be a lawyer, a notary, a bank, a branch of a foreign bank, an auditor or a tax advisor whose place of business or registered office is in the territory of the Slovak Republic. The authorized person acts on behalf of such public-sector partner towards the registration authority, arranges for the identification and verification of the ultimate beneficiary and, at the same time, fulfils a wide range of other statutory obligations.

A business entity interested in trading with the public sector may choose an authorized person at its own discretion. However, due to the fact that such authorized person will represent the public-sector partner before public authorities, the public-sector partner should assess the professional and material potentials of the authorized person.

Any breach of newly established obligations (including the breach of obligation to register with the Register of Public Sector Partners) may result in serious sanctions that may be imposed on the public-sector partner concerned, members of its statutory body, the authorized person or the ultimate beneficiary. In addition to the imposition of a fine, one of the most serious sanctions is the possibility for the public-sector entity to withdraw from the agreement with the public-sector partner concerned with an immediate effect or a restriction on trading with the public sector.

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