ECJ tightens regulations for website cookies: Consent becomes mandatory

We use cookies. We require your consent to comply with the new privacy policy“.
– ECJ substantiates requirements for cookie declarations –

What exactly is the subject?
On 1 October 2019, the European Court of Justice (ECJ) issued a landmark ruling specifying the legal requirements to be met when cookies are used on websites on the Internet (C-673/17).

As is well known, a website that is operated in the European Union or is addressed – also – to EU citizens must meet the requirements of the Basic Data Protection Regulation (DS-GVO). Accordingly, the operator is obliged to inform about the use of cookies in his data protection declaration (§§ 13, 14 DS-GVO). However, it has so far been controversial whether users are informed about the use of cookies at the beginning of their visit to the website by means of a declaration in the form of a pop-up window, a banner or in some other way and whether they must actively consent to the use before their user data is recorded or whether the operator may also use cookies without consent.

The European Court of Justice (ECJ) has now given a direction in its decision and decided that at least when non-technical cookies are used, the active consent of the user is required at the beginning of the visit to the website. The ECJ makes it clear that it does not matter whether the cookies collect personal data or not.

The existence of non-technical cookies alone is decisive for the requirement of consent.

Non-technical cookies are those that not only serve the functionality of the website, but also collect other data. These include, for example, tracking cookies, targeting cookies and cookies from social media websites.

Cookies that are absolutely necessary exclusively for the function of a website – so-called technically necessary cookies such as session cookies – are therefore not affected by the decision.

The ECJ understands active consent only as consent given by the user through active and conscious action. A preset checkbox within a cookie declaration, which appears as a pop-up window or banner (so-called “opt-out” solution), is therefore no longer sufficient after the ECJ ruling.

What do you have to do now?
We advise you to first check whether you use non-technical cookies on your website. If this is the case, you must inform the user of the type of cookies used and give them the opportunity to decide themselves via click boxes which cookies they agree to (so-called “opt-in” solution).

In practice, therefore, so-called “Consent Management Providers” (“CMP”) are increasingly being used where the user can individually consent to different types of cookies. For this purpose, a pop-up window appears on the website during the first visit with the information that and which data is collected. Here the user has the option of specifying which cookies he or she wants to allow on future visits. In addition, the user can consent to various processing purposes.

Advice on a share transaction in a € 35 million secondary investment round

Terry Steffens, managing partner at act legal The Netherlands, advised Bas Beerens, one of the founders of WeTransfer, on a share transaction in a € 35 million secondary investment round.

WeTransfer is the Amsterdam-headquartered company best known for its file-sharing service. The transfer service has 50 million users per month across 195 countries, sharing over 1.5 billion files each month. WeTransfer already raised € 22 million four years ago from Highland Europe. This round was led by growth equity firm HPE Growth, who stepped in besides Highland Europe.

WeTransfer has a dual revenue model, offering both a premium subscription service (WeTransfer Plus) and an advertising proposition.The company has 185 employees, with appr. 150 in Amsterdam and the other 35 across its U.S. offices in LA and New York. WeTransfer will use the investment to grow the company internationally.

act legal firm WMWP is partner of the Association of Austrian In-house Lawyers

act legal firm WMWP Attorney is a front runner partner of the VUJ and is looking forward to a successful cooperation.

The Association of Austrian In-house Lawyers is the first association for in-house lawyers in Austria with the aim to bring together the interests of the Austrian in-house lawyers and to act as representation body. The VUJ intends to establish a professional profile for in-house lawyers and to develop it further by taking into account the continuously changing circumstances.

For act legal firm WMWP it is an additional important step as corporate law firm ensuring to be at the pulse of the in-house lawyer’s day-to-day practice and we are fully committed to support VUJ’s success.

act legal firm WMWP Lead Legal Advisor on acquisition of Afaktor

act legal firm WMWP supported A.B.S. Global Factoring AG as lead legal advisor on the acquisition of Afaktor d.o.o, a Slovenian factoring company. With this transaction Abanka d.d., the purchaser, could successfully complete the sale of its factoring subsidiary to a strategic investor.

A.B.S. Global Factoring AG is one of the largest factoring groups in Germany with subsidiaries in Austria, Switzerland and Sweden.

Real estate deal: the seller counts on act legal firm AC Tischendorf

Six of the 12 Telekom-objects of the DT 12 portfolio have found new owners. 

The six office properties were sold to four different purchasers: An Austrian real estate AG purchased two office builings in Berlin and Düren rented to the Telekom. The private investor VGS bought a vacant property in Kiel together with Laren Consulting, a real estate service provider from Kiel. The developer P&P Group from Fürth ensured a vacant property in Nürnberg. The real estate investor Quartier 13 from Magdeburg purchased two properties in Magdeburg, one rented to Telekom, the other to the federal state Sachsen-Anhalt. 

The rentable area of the six sold office properties is about 92.000 m². CR Investment conducted the sale on behalf of the investor Summit Real Estate Holdings in cooperation with the credit servicer Hatfield Philips International. With them, the foundations were layed for a successful conclusion of the refinancing related to the six remaining Telekom properties of the DT 12 portfolio that Summit will be keeping.

Mandate’s background: act legal firm AC Tischendorf works as a kind of outsourced legal department for Summit and has successfully carried out several real estate transactions for Summit in the past. Such as the purchase of an office property from Redevco in Mörfelden, Waldecker Straße 5-13, with about 17.000 m² rentable area.

act legal firm AC Tischendorf advises Bisnode

act legal firm AC Tischendorf advises and represents Bisnode (Partner of Dun &Bradstreet in Germany), one of the leading credit agencies for company information worldwide, in court in more than 200 investor lawsuits and 700 additional disputes related to the financial service provider Future Business /Infinus („Fubus“). The insolvency proceeding of Fubus is regarded as one of the most complex one of the German post-war history with 40.000 involved investors.

Due to the extent of the mass procedures as well as because of the specific issues in relation to capital markets law, the mandate is highly complex. It includes the differentiation of ratings in terms of the (new) rating regulationon credit scoring, including issues of damage compensation.

act legal firm BSWW is recommended in two top international legal rankings

We are pleased to announce that act legal firm BSWW and its lawyers have been recognized in two top international legal rankings – Legal 500 and Chambers Europe.

Our practices recommended by Legal 500 include:
• Commercial, corporate and M&A
• Real Estate and Construction
• Dispute resolution
• Capital markets (debt)
• Employment
• Intellectual Property
• Tax
• Banking and Finance

Marek Wojnar, Jacek Bieniak, Marta Kosiedowska and Giuseppe La Rosa have been recommended individually in Commercial, Corporate and M&A. Moreover, Marek Wojnar has been recognized in Intellectual Property and Michał Wielhorski in Tax.

Legal 500 states: “At BSWW Legal & Tax, Giuseppe La Rosa and managing partner Jacek Bieniak assisted Cartotecnica Goldprint with setting up a company in Poland. Marta Kosiedowska advised GS Investments on a €2.7m share sale by the majority shareholder of an affiliated company. Marek Wojnar is also recommended.”

Chambers Europe has recognized act legal firm BSWW Legal & Tax in the Real Estate practice. What is more, Michał Wielhorski has been ranked as one of the leading estate lawyers in Poland.
According to Chambers Clients value our team’s business acumen. “They are very helpful, available when needed and adopt a business approach to solving problems,” a client reports, while another praises them as “communicative and business-oriented lawyers”.

Chambers refers that “Michał Wielhorski frequently advises developers on commercial and office projects. He recently assisted ECC Group with the development of the Nowa Stacja shopping centre project. Clients praise him as “business-oriented and effective”.

act legal firm MPH was recommended in the Slovak competition

act legal firm MPH advocates is an award-winning company. Our awards prove that we provide legal services on a high professional level. In 2017 MPH advocates scored a win in the category Telecommunications, IT Law in the competition Law Firm of the Year. 

Recommendations as “highly recommended” and “recommended“ were received in overall 4 categories, namely:

• Restructuring and Insolvency

• Tax Law

• Litigation

• Public Procurement

Buma constructs 3 new buildings as part of DOT Office in Kraków

act legal Poland advises Buma Group on the construction of new office buildings. In total, DOT Office is about to feature over 100,000 m² of modern A-class office space, of which 63,000 m² has already been developed.

Buma Group is completing the ninth building of DOT office complex located in the Special Economic Zone named Kraków Technology Park,” says Michał Wielhorski, Managing Partner at act legal Poland (BSWW).

Business operations in the complex can be run on preferential conditions. DOT Office’s neighbors are research and scientific units of the Jagiellonian University, as well as independent international business institutions. There is also a surface parking lot nearby, operating in the “Park & Ride” model, as well as a strategic public transport hub, Czerwone Maki, with an option to quickly reach the city center by tram. The developer pays a lot of attention to external areas – there are relax zones between the buildings, allowing employees to rest among green plants. DOT Office has a kindergarten, clinic, fitness club, hair salon, grocery store, bakery, cafe, several restaurants, newsstand, ATM, parcel pick-up/drop-off point and bike parking racks.

For years, we have been supporting Buma Group in a comprehensive range of legal aspects of its investment projects – from transaction-related issues, through financing, to leasing,” says Michał Wielhorski.

act legal Poland assisted Buma Group in acquisition of land for DOT Office project (legal due diligence, transaction advisory), development and financing (construction and investment credit facilities). It is now supporting the Client in the leasing process.

The law firm’s team is led by Michał Wielhorski, Managing Partner, who runs the law firm’s real estate practice. Leasing services are provided by Alicja Sołtyszewska, Partner, specializing in lease agreements.

BSWW has also performed legal consulting services with respect to other office complexes developed by Buma Group: Green Office (21,300 m2), Tertium Business Park (39,900 m2), Aleja Pokoju 5 (13,000 m2) and Quattro Business Park (48,800 m2). The law firm is also handling two ongoing projects, Cu Office (23,500 m2) and Wadowicka 3 (31,200 m2). The scope of legal advisory covers the whole investment cycle.