SMARTLEGAL Schmidt & Partners

Business & Litigation Lawyers in Budapest

SMARTLEGAL Schmidt & Partners

Margit körút 56. 4/4
Budapest 1027
Hungary

Phone+36 (1) 4900 949
Fax +36 (1) 4900 949

Website smartlegal.hu
Contact SMARTLEGAL Schmidt & Partners Contact the Law Firm

Law Firm Overview

SMARTLegal/Schmidt & Partners is located in Budapest, Hungary and serves international corporate clients and individual entrepreneurs doing business in Hungary. Practices include corporate and commercial law, drafting and negotiating contracts and agreements, intellectual property, information and technology, employment law, real property, litigation, arbitration and part-time general counsel services.

Managing Partner, Dr. Richard Schmidt, LL.M., graduated from the Faculty of Law of Budapest, Hungary and acquired his LL.M degree in International and European Business Law in Belgium. He has more than a decade of professional experience and is comfortable in both the courtroom and the boardroom.

The firm is comprised of a team of business and litigation lawyers who are solutions-driven and offer meaningful advice. SMARTLegal brings a multi-faceted approach to complex cases, while offering value-based pricing along with skilled and knowledgeable representation.


Languages: English, French and Deutsch

Areas of Law









Areas of Law Description

Company Formation, Business Startups

Starting and running your own business should be an exciting time but it often means legal challenges too. We want to reduce any legal worries so that you can focus on your business thus helping make your business a success. We guide you through the whole Hungarian company formation process, and even further, by advising you in the most important shareholder, employment and commercial issues.

Intellectual Property

You don't really need a detailed knowledge of the difference between trademarks and designs, and how long copyright exists. By selling our own intellectual capital to you, we are working to protect your own intellectual creations, be they artistic work, computer software or other types of industrial property, the most appropriate legal way.

Information & Telecommunications

Whether you are a foreign telecommunications service provider wishing to enter the Hungarian mobile market, you want to license the software developed by yourself, or you just plan to launch your own web-shop, you will need a reliable lawyer who guides you through the jungle of laws regulating the new information society.

Business litigation & Arbitration

As you navigate the sea of business ownership, there might be situations where there is no other solution, and you have to pursue your rights or defend your interests before the courts. By understanding the pressures you are under, we will guide you through each stage of the legal process, providing strategic advice and helping you avoid the pitfalls and traps along the road.

Data Protection & GDPR

In the digital era businesses hold more information about their customers and employees than ever before. Holding personal data makes you responsible for it, thus data protection is an issue that no business can ignore.
We can help you to minimize the legal risks associated with data protection by taking a hands-on approach and making practical suggestions to consider.

Debt recovery

Do you have an undisputed debt against your customer? We can help you regain control over your unpaid accounts.
We are ready to help you in debt recovery by choosing the most appropriate legal procedure. Once we have chosen the strategy together, we will start the procedure without delay, and fight until the payment is achieved.

Employment law

Employment law is an over-regulated and ever changing area where an Employer needs the most up to date contracts, policies, and procedures. You might hire or fire somebody as an Employer, but if your internal documents and procedures are not reviewed and optimized on a regular basis, you are increasing the likelihood of a successful employee claim against you, or an eventual fine imposed by authorities. A wrongly drafted job description, termination letter, or a leaving colleague without a non-competition clause may cost you a fortune. In order to avoid unpleasant surprises, we advise you to keep your business updated in the field of employment law.

Commercial contracts

A well drafted contract offers a transparent view of what is being provided and what is expected in return in a business relationship. Contractual disputes are the most common legal expenses that your business has to face, so it is better to avoid them. If your attorney really knows your business and drafts your contracts with care, you reduce the risk of a costly litigation in the case of business dispute.

Real Property

Whether you’re an individual or business investor, whether you wish to jump into a leaseback transaction with an apartment in the downtown of Budapest, or you want to buy a farm or arable land in the county, you need a lawyer who understands the real property transactions inside and out.



Partners

Richard Schmidt Dr. Richard Schmidt
Partner
Arbitration, Business Law, Business Litigation, Commercial Law, Corporate Litigation



Associates

Viktória Holló Dr. Viktória Holló
Associate
Business Formation, Commercial Law, Employment, Debt Recovery

Anita Vereb Dr. Anita Vereb
Associate
Corporate Law, Employment, Agriculture


Affiliations

  • International Law Firms (ILF)
  • AEA International Lawyer Network

More Information on SMARTLEGAL Schmidt & Partners

Corporate
Commercial
Intellectual Property
Information & Technology
Employment
Litigation & Arbitration
Data Protection & GDPR
SMARTLEGAL Schmidt & Partners Blog
SMARTLEGAL Schmidt & Partners News and Publications

Articles Published by SMARTLEGAL Schmidt & Partners

 When Can Illegal Evidence Be Used at Court: Ruling of the Hungarian Supreme Court

Can illegal recordings be used at court as evidence? What is more important: the protection of a voice recording, as a personal data, or the professional decision of a court case, in which the illegal recording is used as evidence? These questions were addressed in the Hungarian Supreme Court’s latest ruling.

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 Data Protection in Hungary: The Top 5 GDPR Myths Debunked

Some GDPR myths make you see a problem where you should not, or what is even worse, they prevent you from detecting a problem when you should. To have a successful GDPR compliance project, you should avoid both above faults. To help you, we debunk the 5 GDPR myths that we faced the most often during our compliance projects.

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 Data Breach in Hungary – Notify or Not, That Is the Question

If data leakage, data theft or other breach happens at your company and it is likely to result in a risk to the data subjects’ rights, you have to report it to the supervisory authority. If this risk is likely to be high you shall as well inform the affected persons. We mention 5 things that you need to consider when you decide about whether you should notify the authority or the data subjects.

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 How Not to Use CCTV at the Workplace? 15 Million Fine for Auchan Hungary

Auchan Hungary started this year with a HUF 15 Million data breach fine for operating CCTV at workplace in breach of data protection principles. Given that CCTV lies in the heart of GDPR entering into force in May 2018, it is worth to learn from the Auchan case so that you can avoid a similar penalty in Hungary.

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 Fired for Storing Porn on COmany Notebook. Is it Fair in Strasbourg/EU?

Can the employer open files on employee’s company notebook in a folder entitled “personal data”? Can the employer fire the employee if he founds a ton of sexual content? These were the key questions in the case Libert vs. France in front of The European Court of Human Rights. Read our article in which we summarise the judgment.

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 Mayday, Mayday - Data Breach Incident

You may think that a data breach incident can only be a consequence of a cybercriminal attack like malware or ransomware. However, among particular circumstances a simple human error, like losing a company laptop can be considered as a data breach.

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 Do Not Play the Papers - 5 Must-Have Documents to be GDPR Compliant in Hungary

Last week during a GDPR related meeting with one of our clients, he told us: honestly, I have the feeling that this GDPR project is all about paperwork. Although it is not entirely true, we totally agree with our client that a huge part of the compliance project is drafting and adopting several documents. In this article we summarized the 5 basic types of documents that you must have in order to achieve GDPR-compliance.

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 European Investors vs Hungary 1:0 - ECJ Ruling in Hungarian Land Act Case “SEGRO”

Almost 4 years after the deletion of usufructs on agricultural lands of foreign investors in Hungary, the European Court of Justice ruled that the Hungarian Land Act breaches the free movement of capital.

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 Breakstone Instead Tomato Paste: Is the Forwarder Liable under FOB in Hungary?

The above question emerged in front of the Curia (Hungarian Supreme Court) in a case where the basic question was whether the Hungarian freight forwarder shall check the shipment taken over from the Chinese seller at loading, and if he is liable for the damage sustained by the buyer because there was a different product in the closed container.

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 5 Tips to Operate a GDPR-Compliant E-Shop in Hungary

Do you operate a small e-shop and think that GDPR and data protection concerns only giants like Amazon? Let’s just face it: you could not be more wrong. Think of the mere fact that your customers are private persons and you process at least their name, e-mail address and address. Before totally panicking from the realisation that GDPR applies to your e-shop, too, take a deep breath and read our 5 tips how your e-shop can be GDPR-compliant.

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 Can You Sue Facebook in Your Home EU Country?

This was the basic question in a lawsuit in Austria filed by a private person against the social media giant. In this short article we explain the decision of the European Court which was published these days.

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 5+5 Things Affecting How Much You Pay for an EU GDPR Breach

Data protection authorities can impose administrative fines up to 20 Million Euro based on the EU GDPR. But what affects the actual amount that you have to pay in case of infringement? And how can you minimize the risk of an astronomic penalty? We gathered some hints in our latest article.

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 Worse than a Penalty? The EU's Data Protection Authority's Sanction Toolkit

When it comes to the sanctions under the EU General Data Protection Regulation, everybody speaks about the astronomic penalties up to 10-20 Million Euros, however, it is only one of the 10 corrective measures of the data protection authority. And in some case complying with non-financial corrective measures can be much more painful than simply paying penalty. So, we present the 9 non-financial corrective measures in this article.

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 European Court in Strasbourg Rules: Not Paying Interest for Blocked Money Is Unfair

Unlike the Hungarian Constitutional Court, who thinks not paying interest for money blocked on security deposit during a 10 years’ litigation is fine, the judges of the European Court of Human Rights seem to be closer to the business world, based on their recent ruling against Hungary. If you want to know how they calculate interest and compensation, do not miss our latest update!

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 Do Not Play Big Brother at Workplace! Recent Judgment of European Court of Human Rights

The European Court of Human Rights (ECHR) in his fresh decision established that the camera surveillance of lecture halls violated the employees' right to privacy. Let’s see the details of the case and the findings of the Court.

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 No More Payment Warrant Procedure for Foreigners in Hungary?

From 2018, the threshold of the mandatory small claims regime is increased to HUF 3 Million in Hungary. In addition, foreign creditors must meet further residency conditions to start this cost-effective on-line debt collection method. But what to do if you do not meet these conditions? Read our latest article for the answer!

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