JŠK Legal Flash

Ministry of Industry and Trade presented a draft law on screening of foreign investments

The Ministry is proposing the creation of a screening mechanism for non-EU investments to protect security and public order. If the investment is found to be risky, the government will be able to make such an investment conditional or to prohibit or cancel it. Investments may be cancelled within 5 years of their completion, but investments completed before this Act becomes effective should remain unaffected. Prior authorisation is not required, except for investments in the most sensitive sectors, such as the arms industry or critical infrastructure. Voluntary consultation with the Ministry may prevent possible future cancelation. For the media sector, the consultation may even be mandatory. The law is expected to take effect in mid-2020.

27. 8. 2019

The Court of Justice of the European Union has established sampling rules

Sampling may constitute an infringement of the rights of the producer of the audio recording if carried out without his permission. Such was the conclusion of the Court of Justice in a preliminary ruling in a dispute involving electronic music pioneers Kraftwerk, which has been raging before the German courts for 20 years, concerning a two-second sample from the song Metall auf Metall. Although the sampling technique itself falls within the freedom of the arts protected by the EU Charter of Fundamental Rights, according to the Court, a sample can be used to create a new work without the producer's consent only if it is not recognisable in that work. Otherwise, it is a partial reproduction of that audio recording, and as such, falls within the exclusive right granted to the producer of the recording.

(Judgment of the Court of Justice dated 29 July 2019. Case C-476/17)

27. 8. 2019

ECJ: Website operators could face legal risk over Facebook's ubiquitous "Like" button

The European Court of Justice (ECJ) ruled that website operators, along with Facebook Ireland, may be responsible for collecting and sharing their users' personal data. The Facebook plugin embedded on the website upon loading the webpage transmits to Facebook some personal information of the users of the website (such as their IP addresses) without their knowledge and regardless of whether they are also its users. According to the ECJ, the operator can therefore be regarded, together with Facebook, as a controller within the meaning of Directive 94/46 for the purposes of collecting and transmitting the data in question and should obtain prior consent from their users to such processing. This judgment was delivered in a preliminary ruling and is thus binding for other national courts dealing with a similar problem. It is expected that the conclusions set out therein can also be applied under the GDPR.

(Decision of the Court of Justice from 29 July 2019. Case C-40/17)

27. 8. 2019
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