Business & Litigation Lawyers in Budapest
SMARTLEGAL Schmidt & Partners
+36 (1) 4900 949
Contact the Law Firm
Law Firm OverviewSMARTLegal/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.
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.
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 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.
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.
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.
Dr. Richard Schmidt
Arbitration, Business Law, Business Litigation, Commercial Law, Corporate Litigation
Dr. Anita Vereb
Corporate Law, Employment, Agriculture
Dr. Peter Gritta
Business and Industry, Employment
Dr. Viktória Holló
Business Formation, Commercial Law, Employment, Debt Recovery
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More Information on SMARTLEGAL Schmidt & PartnersCorporate Lawyers in Hungary
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Hungarian Litigation & Arbitration Lawyers
Data Protection & GDPR Lawyers in Hungary
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Articles Published by SMARTLEGAL Schmidt & Partners
Which artworks are protected in the European Union by copyright? Due to the constant development of technology and art the answer shall be reconsidered from time-to time. In our article we address this question on the basis of the landmark judgments of the European Court of Justice delivered in the field of copyright.Read Article
The Court of Justice of the European Union has ruled in a case, where the main question was whether the taste of a cheese product may be eligible for copyright protection under EU law. We summarize the case and answer the question what constitutes a “work of art” under EU copyright law.Read Article
Can the executive employee undertake a non-competition obligation after the termination of the employment for free? It seems that the Hungarian Supreme Court finds the limits of party autonomy elsewhere than the legislator. We summarise the merits of the judgment in our article.Read Article
On 1st January 2019 the Act on the Control of Investments Detrimental to the Interests of Hungarian National Security entered into force. On the basis of the new law investors who are considered as “foreign” have to report their newly acquired interest in Hungarian companies.Read Article
The new law modification in Hungary widely known as „slave law” has become a big issue recently. What will be the yearly overtime limit? 250 hours? 300 hours? 400 hours? Is it possible from now on to organize working weeks with 6 days? We would like to clarify the frequently heard urban legends, so that you can prepare your company to the new regulation.Read Article
How domestic and international arbitral awards are enforced in Hungary? On what basis can be the enforcement refused? What kind of remedies are available against the “exequatur”? We summarise the answers for these question in this article.Read Article
What kind of decisions can the arbitral tribunal make in Hungary? Which substantive law is applied? What are the requirements as to the form and content of arbitral awards? What kind of awards may be rendered, and what are the differences between them? We address these issues in this article.Read Article
On what grounds can arbitrators be challenged and removed in Hungary? What are the main features of the challenge procedure? What is the difference in case of institutional arbitration? What happens if an arbitrator becomes incapable of performing his duties? We address these question in our article.Read Article
Who can be arbitrator in Hungary? How and when the arbitral tribunal is constituted, and what happens if one of the parties fails to appoint arbitrator? What are the basic obligations of arbitrators and how does their mandate terminate? We address these questions in this article.Read Article
The new Hungarian Act on Arbitration, entered into force on 1st January 2018 (“Arbitration Act”) introduced a new type of remedy against arbitral awards, the retrial of case. What is the deadline of retrial and under what conditions can it be sought? What are the consequences of a successful application? Can parties opt-out from retrial?Read Article
Can the government take your clients by setting up a new state monopoly? What are the boundaries of state intervention into the free market under the European Convention on Human Rights? We address these questions by summarizing the ruling of the Strasbourg Human Rights’ court in the Hungarian schoolbook market case.Read Article
Do you operate video cameras for observing employees or customers? Do the cameras make recordings or is it only a live broadcasting? If you think that a warning sticker about CCTV operation solves all the problems related to GDPR, that’s a big mistake. In our newest article we explain one of the decisions of the Data Protection Authority in Hungary.Read Article
In what grounds can arbitral awards be set aside by state courts in Hungary? What is the deadline for starting the setting aside procedure, which court is competent to try the case, and what are the main features of the procedure? We summarise the answers to these questions below.Read Article
The new Civil Procedure Code (CPC) entered into force on 1st January 2018, with the aim to accelerate civil and business litigations in Hungary. One of its means is the strong limitation of modification of claims and submitting evidences during the procedure. We summarise the most important provisions in this subject below.Read Article
When we talk about work, employment relationship comes to everyone’s mind first, although you can work for someone’s interest in other ways outside the “9-5”, monthly paid job system, for example by an engagement contract.Read Article
The new Civil Procedure Code (CPC) entered into force on 1st January 2018, has reformed significantly the Hungarian Civil litigation in order to speed up litigations. One of its major novelty is the division of the first instance court procedure into 2 parts, the preparatory phase and the trial phase. We summarise the most important features of these two phases of first instance court procedure below.Read Article
If business secrets are mentioned, most people think of big companies and tenders worth millions. Nevertheless, not only big companies are affected by leaks of confidential information, causing serious disturbance and financial loss. If you think this problem cannot affect your business, this article is for you. In our article, we will show you what can be considered as a a business secret, how you can protect this information, and what are your options when the breach has already occurred.Read Article
You may have heard that British Airways suffered a serious data breach some weeks ago. As they reported the data of 380.000 passengers have been compromised during a 16 days period. The case was widely reflected in media and some press-organs talked about the possibility of a record GDPR fine and class-action against BA.Read Article
There are many requirements for international road transportation. These usually concern the carrier, but in some cases you also have obligations as a recipient and failure to comply with them may result in a fine. In this article, we tell you how you can avoid the “fine trap” set by the authority, in case your company is waiting for a shipment from outside the EU.Read Article
We are no longer keeping it secret: in August, the new law on the protection of business secrets entered into force, which, unlike the fragmented rules that have been applied so far, will protect business secrets and know-how in Hungary more uniformly and effectively. We summarize the most important aspects of the new law in our article.Read Article
For a long period, it was very comfortable in cross-border litigations that in most cases translation was necessary the Hungarian state advanced such costs, or even provided translation entirely for free. However, this possibility came to an end with the new civil procedure act. If you plan to start a cross-border litigation, or need translation in a Hungarian litigation for any reason, better to prepare for extra costs from now on.Read Article
The Devil is always in the details. The truth of the old adage is proven by the new bill adopted by the Hungarian Parliament during the hot summer sessions of July 2018. The new law amending the Bankruptcy Act modifies only one section of the liquidation procedure, but it will further erode the already low paying moral in Hungary, giving more months of grace to non-paying debtors.Read Article
In the last months preceding the entering into force of GDPR, the market was inundated with various service providers promising data protection compliance: data protection experts, counsels, IT experts, etc. Besides these providers, lawyers and law firms, experienced in the field of data protection also provide GDPR compliance services. We summarize the reason why you should involve them in your GDPR compliance project.Read Article
Besides having a website, vast majority of businesses have company pages on the social networks like Facebook, Linkedin, etc. Do you become a data controller, being primarily responsible for data processing, if you get “only” statistical information of your visitors? The Court of Justice of the European Union addressed this question in its recent ruling.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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.Read Article
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!Read Article
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.Read Article
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!Read Article