Stop to Contractors Providing False Information

03. 06. 2010

The amendment to the Public Procurement Act came into force at the beginning of this year. more

Act on Services in Internal Market (No. 136/2010 Z.z.)

01. 06. 2010

Pursuing the aim to implement Directive 2006/123/EC of the European Parliament and of the Council (Directive on Services in the Internal Market), the Slovak Republic adopted the Act on Services in the Internal Market and on Amendments to Certain Laws (Act No. 136/2010 Z.z.) coming into force on 1 June 2010. more

Data Inboxes – Important Risks to Know

21. 05. 2010

Within a few months after the data inboxes were introduced, the benefits of this new system and its potential risks – especially if underestimated by the corporate users – have been revealed. Let us therefore take a brief look at some risks the data inbox users should be aware of. more

Expropriation and New Rules for PPP Projects

21. 05. 2010

At the beginning of March, the National Council of the SR approved an amendment to the Building Act. The amendment reflects the Government’s commitment to set new rules in support of public-private partnerships (PPPs) in the area of public infrastructure projects and public services. This was approved within the scope of the government programme. more

PPP Projects in Czech Republic Facing Legal and Other Obstacles Legal Aspects of PPP Transport Projects

29. 04. 2010

The term PPP (Public Private Partnership) is generally used to describe co-operation of the public and private sectors, in particular in terms of using the resources and potential of the private sector in providing for public services. The PPP projects may be used where the construction of, for instance, essential highways and/or railway corridors need to be accelerated; where further hindrance to the enhancement and modernisation of the infrastructure in the less favourable economic climate is not desired, the PPP projects may additionally provide for an option to addressing the situation (instead of issuing special promissory notes). In the following text, the status of PPP projects in Czech legislation will be outlined, situation in the Czech Republic compared to the one abroad and shortcomings of the legislation and their redressing options discussed and drafted in the light of using the PPP projects in practice. more

How to Protect Your Software

28. 04. 2010

The importance of software (computer programmes) grows with the dynamic development of technology. One of the most important intangible assets, it needs to be correspondingly protected by individuals and companies. Due to its specific nature, this necessity is the stronger the easier it is to acquire it by unfair practices. Hence it is more difficult to protect compared to tangible assets. Typical situations where software might be abused and where the information might leak are staff exchanges in IT companies; particularly if the leaving employee decides to take with him not only the experience and knowledge he acquired while hired by the employer, but he tries also to take away valuable information of diverse nature (e.g. data, documentation, commands, instructions and source code files). The intangible assets (including know-how, technology, and trade secret) of the business might be jeopardised also where e.g. individual entities or their staff cooperate and work on a common project. Again, the risk of leakage and abuse relating to intangible assets or confidential data is rather high. more

Legal Aspects of Contracts to Implement Corporate Information Systems and Provide Related Services

21. 04. 2010

A well-drafted contract is one of the keys to a successful implementation of any IT project. Although the parties sometimes approach the negotiation for a contract with the feeling that they will have to solve the potential issue decently anyway, the practice has shown that there are moments in the life of an IT project where an elaborate drafting process really pays off. more

New Law on Declaration of Assets

16. 04. 2010

On 4 March 2010, the National Council of the Slovak Republic adopted Act No. 101/2010 Z.z. on Declaration of Assets. Denoted by its sponsor, Prime Minister Robert Fico as “one of the most controversial laws probably in the whole history of this National Council”, the law will come into effect on 1 January 2011. Pursuant to the explanatory memorandum, it is to fill the gap in the Slovak legal order as well as become an efficient tool in treating persons not capable of plausibly proving the source and acquisition manner of their assets, including the public and government officials. It further aims at setting forth the conditions and approach of government bodies relating to depriving natural persons and legal entities of possession of assets as a result of court proceedings under the respective law proving that they have acquired these assets out of illegal income. The extent to which this law will be able to really meet its purpose remains disputable. Combining elements of the public and private law, the lawmaker tries to reintroduce regulation which has already been declared unconstitutional by the Constitutional Court. more

Amendment to Arbitration Act

31. 03. 2010

Recently, the Arbitration Act has undergone major changes. On 9 March 2010, the National Council of the Slovak Republic adopted its Amendment coming into force on 1 July 2010. Its legislative aim is to react on the expanding misuse in relation to the institution of the arbitrator in consumer matters and to impose a more extensive state control on arbitral tribunals hearing consumer disputes. The last amendment enables the arbitral tribunals to resolve also labour disputes. In addition, the new law sets forth more details as to the constituting of permanent arbitral tribunals, their administration and the liability for their conduct. The supervision over permanent arbitral tribunals is to become more stringent, especially over those hearing consumer and labour disputes. At the same time, the status of the Ministry of Justice of the Slovak Republic as the supervisory and sanctioning body is to be strengthened. The Amendment has introduced a new manner of constituting a permanent arbitral tribunal attached to a legal person, namely constituting the tribunal by virtue of law. Such regulation should enable resolution of some legal matters only by permanent arbitral tribunals which will disburden the general courts. The modifications aim at enhancing the quality and the esteem of arbitral proceedings as well as keeping the public better informed about the conduct of the individual permanent arbitral tribunals. more

What to Avoid When Awarding Public Contracts

23. 02. 2010

Based on our experience, we have prepared an analysis of 10 most common mistakes made by authorities awarding public contracts. This has shown that the contracting authorities, when inviting to submit a bid, make three types of mistakes: their contract specifications are rather insufficient; they set out discriminatory requirements or artificially subdivide above limit contracts. By doing so, the contracting authorities fail to realise that the faulty setting of the contract specification may be easily challenged by the participants which, in the better case, means a prolongation of the award procedure counted in months; in the worse case, a fine may be imposed by the Office for the Protection of Competition. more