JŠK Legal Flash
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)
EU Regulation eliminates Requirement of Legalisation for certain foreign public documents
The EU regulation sets out further simplification of administrative formalities for the circulation of certain public documents between EU member states authorities. Certain public documents will no longer require an apostille when presented to other Member States authorities. EU citizens can also request a multilingual form which will (if it is considered sufficient by an EU member state authority) abolish the necessity for translation of the document. The regulation (besides other documents) also relates to the evidence of the absence of a criminal record, which seems very useful when appointing foreign persons into company bodies. Although the regulation has been fully effective since February of this year, it is not yet widely used.
(Regulation 2016/1191 of the European Parliament and of the Council of 6 July 2016)
Amendment to the Capital Markets Act – new obligations for issuers and shareholders to encourage long-term shareholder participation
The Chamber of Deputies of the Czech Parliament approved a draft transposition law of the European Directive encouraging the long-term participation of shareholders in listed companies. The legislation aims to reduce issuers' short-term risks and to incentivise shareholders to pursue middle and long-term yields. Listed companies will have the right to know their ultimate shareholders. They will also have to lay down the remuneration policy of their top management, which will require approval by the general meeting. Some material transactions with related parties will also be subject to such approval. The law will also introduce obligations leading to a higher level of transparency of institutional investors, typically insurance and reinsurance companies, which will have to publish the policy and strategy of their involvement in relation to listed companies.