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Insights July 2022

The Digital Services Act – an overview of the new online intermediary liability rules

An intense effort to agree on unified directly applicable European rules for digital services is finally yielding results. On 5 July 2022, almost two years after their introduction by the European Commission, the European Parliament adopted in the first reading the Digital Services Act (DSA) and Digital Markets Act (DMA), following an earlier deal reached between the Parliament and the Council of the European Union on 23 April and 24 March 2022, respectively. Both the DSA and DMA are landmark rules with the potential to fundamentally change the way digital services are provided within the European Union (EU). In this installment, we look at the DSA, which updates the rules for online intermediary liability 20 years on from

News July 2022

Vedran Kopilović participates in an ESG roundtable focusing on green financing

Vedran Kopilović, a Managing Associate at Kinstellar’s Zagreb office, participated in a virtual roundtable to discuss the latest in ESG developments with a focus on green financing—its regional and local drivers and roadblocks, its impact on non-financial reporting, and what it all means for the legal profession. The event took place on 12 July 2022 and was organised by CEE Legal Matters and moderated by CEE Legal Matters Managing Editor, Radu Cotarcea. Vedran highlighted that while the legal framework is solid on paper, “the reality of inflation, the war in Ukraine, and even the pandemic have created setbacks.” He went on to explain that, “a certain amount of sustainability-linked loans were offered by commercial

Setting up July 2022

Setting up operations in Croatia

Today’s uncertainties at the European Union’s eastern border have left companies questioning the safety of their people and the continuity of their operations in that part of the world. Businesses in the IT and BPO sectors that had found talent and growth opportunities in countries such as Ukraine or Moldova are now rethinking their strategy and options to move operations across the border, either temporarily or permanently. Our team in Zagreb has prepared a quick overview of the most important aspects that you need to consider if you decide to move your operations to Croatia.  Download in English: Download in Ukrainian:

Insights June 2022

Romanian government adopts law sanctioning speculative actions during times of crisis and regulating the abuse of superior bargaining position

In the context of a looming post-COVID-19 financial crisis, exacerbated by the Russian intervention in Ukraine, soaring energy and fuel prices, and rapidly rising inflation, the Romanian government has recently adopted Government Emergency Ordinance 84/2022 on combating speculative actions and amending and supplementing certain normative acts (the “GEO”). The GEO was published in the Official Gazette on 20 June 2022 and will enter into force fully in 30 days from publication.   The GEO amends Law no. 11/1991 on unfair competition (the “Unfair Competition Law”) and introduces major changes to the legal framework of unfair competition rules in Romania. The GEO provides for, inter alia, sanctions for speculative actions

Insights June 2022

“Buy Now, Pay Later” solutions on the rise – regulatory aspects in Bulgaria

The rapid growth of online shopping as a result of the COVID-19 pandemic has led to an increased demand for different payment options for consumers at the checkout. One such option that is increasingly popular with consumers is the “buy now, pay later” (“BNPL”) solution. The hot trend in consumer credit BNPL allows consumers to defer the payment of the product and repay the purchase price in several instalments over a certain period of time, usually at no interest. BNPL is also a palatable option for merchants, as it gives them another avenue to generate sales by providing consumers an accessible opportunity to acquire products on credit. Such manageable payment options are also likely to strengthen consumer

Insights June 2022

Bulgaria: Director duties and ESG considerations

Bulgarian law requires that the directors of Bulgarian joint-stock companies perform their functions as directors by adhering to the “duty of care” standard of a prudent businessperson and always in the interest of the company and its shareholders. If a director fails to comply, they could be held liable for any damages caused to the company. The required duty of care standard is not easily reconciled with the current shift in corporate governance towards compliance with material ESG factors. While important for all stakeholders (e.g., employees, customers, vendors, and the communities where the company operates), ESG compliance could trigger additional financial costs and potentially be an obstacle to maximising profits.

News June 2022

Kinstellar promotes Mert Elçin to Counsel in Istanbul

Kinstellar is delighted to announce the promotion of Mert Elçin to Counsel in our Istanbul office. Mert has more than 10 years of experience in corporate, M&A and banking and finance transactions as well as regulatory matters and has represented clients from a wide range of sectors, in particular banks, brokers, insurers, asset managers, investment funds and other market participants from the financial services industry, venture capital firms, founders, angel and private equity investors, and companies focusing on life sciences and healthcare, technology, media and telecommunications, retail and manufacturing. He is also experienced handling international arbitration. Mert joined Kinstellar in 2019 as

Deals June 2022

Kinstellar provides pro bono legal services to Soborna Ukraine

We are excited to announce that Kinstellar has started to provide pro bono legal services to Soborna Ukraine, a public charity established by Ukrainian entrepreneurs after the Russian invasion of Ukraine. Sharing the mission and values of Soborna Ukraine, Kinstellar is advising the organisation on key aspects of implementing their programmes in Ukraine as they manage critical projects close to the front line. This is just the beginning of our long-term partnership to join efforts and help Ukraine. Our pro bono team in Ukraine is managed by Partners Illya Sverdlov and Alla Kozachenko and includes Anna Vizniak, Senior Associate, and Tetiana Kostiuk, Junior Associate. Soborna Ukraine — a US non-profit organisation

News June 2022

Kinstellar hosts webinar on current developments in the CEE life sciences & healthcare sector

On 14 June 2022, Kinstellar hosted a webinar centred on current developments in the life sciences & healthcare sector across Central and Eastern Europe. We covered some of the most relevant and pressing topics currently impacting the life sciences & healthcare landscape, including (i) sector inquiries by local competition authorities in the area of life sciences; (ii) price reduction announcements and their relevance for the CEE pharma sector; and (iii) legal challenges on the use of artificial intelligence across the life sciences industry. Presentations were made by Tomáš Čihula, Eszter Takácsi-Nagy, Péter Vörös and Petr Bratský. Below we provide a brief summary: Sector inquiries

News June 2022

Helping Hands for Ukraine: Our recent pro bono activities

At Kinstellar, ‘corporate responsibility’ is not an empty slogan. Helping those in need and playing important roles in our communities have always been a crucial part of our firm culture. Since the outbreak of the war in Ukraine, we have never felt stronger and more united inside the firm. Extraordinary times in Ukraine have been met with an exceptional response from our people, who continue doing their best to provide humanitarian aid, support various charities and NGOs, and provide pro bono legal assistance to those affected by the war. Here we are sharing a brief report of our recent pro bono activities, to be followed by a series of short videos with our people working to support Ukraine.  We thank all of our amazing

Insights June 2022

Merger and concerted action controls in Ukraine: Usual norms are resumed

Starting from 20 June 2022, the Antimonopoly Committee of Ukraine (AMC) will resume merger and concerted action controls in Ukraine as usual, which means that standard merger and concerted action control rules and timelines will apply during the martial law in Ukraine and afterwards. Until then, the AMC᾿s earlier Guidelines on the filing and consideration of applications for merger clearances and concerted actions during martial law (Guidelines) shall apply to all merger and concerted action applications submitted to the authority during 30 March 2022 – 17 June 2022 (inclusive). The AMC also renews consideration of all earlier postponed applications. All those applied to the AMC under special regime provided by the Guidelines