2013. January 23.

Audit Services of the Hungarian DPA

As from 1 January 2012 the Hungarian DPA opens its services for providing audit services. The audit service is regulated by the Privacy Act, however data controllers and experts still have a lot of concerns regarding the service. In Hungary no other authority has the same entitlement.

According to chapter 39 of the Privacy Act the data protection audit „is a service provided by the authority designed to evaluate and assess data processing operations in progress or proposed along technical merits, intended to effectively implement a high level of data protection and data security system”. The unclear wording of the act raises concerns and suggests that it is possible to request that the authority analyze the technical system and safety of the technical equipment used by the data controllers. Proposed data processing operations may be audited if deemed justified based on the elaboration of the data processing concept.

The audit service can be conducted by the Authority solely at the data controller’s request. It is not clear, whether it can be requested by any of the controllers if there are more than one controllers, or the controllers shall request it jointly.  For the data protection audit an administrative service fee shall be charged in the amount decreed by the relevant minister. This fee is not yet made available to public, however, based on official communications it will be determined on a case by case basis.

 The Authority records the results of the data protection audit in also called audit report, however there are no guidelines for the minimum content of such report. The audit report may also contain recommendations for the data controller. The audit report shall be considered public, unless the controller requests otherwise.

 It is important to note that the audit service does not qualify as negative clearance, the authority may open any procedure during the audit. However, if the data controller complies with the recommendations of the authority, no fines can be applied for the same conduct.

If you have any questions regarding this issue, feel free to contact our Partner:

Dr. Andrea Klára Soós

+ 36 1 270 99 00

2013. January 21.

The term of “family” cannot be limited to the relationship of a man and a woman

The Constitutional Court – with its ruling No. II/3012/2012. – has annulled Section 7 of Act CCXI of 2011 on the Protection of Families, which unduly narrowed the term of family.

The above mentioned act defines the family as an emotional and economic community in a system of relations, based on the marriage of a man and a woman, or lineal descendants, or guardianship.

This definition complies with the marriage and family protecting clause of the Constitution (Article L. of the Constitution), however, it only includes a part of the possible and existent family relations. Because it does not follow from Article L. of the Constitution that the relations included in the wider sociological term of family, based on mutual care and permanent emotional and economic community, aiming at the same goal (e.g. like the partners caring about and raising each other’s children, partners not wishing to get children, or  partners of different sexes who cannot have children through other reasons, the widows, persons caring about their sibling or children of their siblings or other kin, or those caring about an elder kin of the ascending line, etc.)  would be excluded from the obligation of the republic on protecting the institution.

Considering, that the family, in a wider sense, is under the protection of the Constitution, the legislator may not enact provisions which narrow the constitutional conception of the family.

Present ruling of the Constitutional Court will have effects in Hungary on the new Civil Code as well as on the subvention system of the families.

2013. January 02.

Globalaw Firms form partnership in CEE - Globalaw

Welcome to the BWSP Gobert and Partners legal Blog, where you will be able to read interesting articles of our Partners, Lawyers and Junior Associates. Before we post our first article here is a little background information on our firm:

BWSP Gobert & Partners Attorneys and Tax Advisors was founded in 2002 and started as an affiliate to one of the largest law firms in Hungary and a “big-four” tax and accounting firm in the early 90’s. Being formerly associated with such names as Arthur Andersen, Pinsent Masons and Ernst & Young, today BWSP Gobert & Partners is a completely independent full-service commercial law firm with a well experienced and dynamic team. Currently our firm consists of 3 Partners with altogether more than 40 years’ experience in tax and legal services in various international firms, and a total number of 15 professionals of which five are dealing with tax and ten with legal services. We handle all types of projects – from relatively simple issues to complex and cross-border long term ventures. What makes our services different is in-depth knowledge of Hungarian business and understanding of both tax and legal aspect of our clients’ needs.

Our professionals offer legal support in many languages, such as Hungarian, German, English, Russian, French, Spanish and Italian. The areas of BWSP Gobert & Partners expertise include but are not limited to corporate and commercial law, tax, real estate, M&A, dispute resolution, labor, finance, data protection as well as restructuring, media, property, litigation, IT&IP, insolvency procedures and energy law. We have in-depth knowledge and understanding of cross-border acquisitions in particular.

Many of our clients already are, or aspire to be international and are demanding the same high level of service wherever they operate, and answering this requirement, the quality of our legal and tax counseling is ensured by the high-level professional qualifications of our colleagues. Our team is constantly developing their competences and is being published by reputable sources. We make sure that our clients receive advice from lawyers who are always experts and often leaders in their field.

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