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Cerha Hempel

PARKRING 2, 1010 VIENNA, AUSTRIA
Tel:
Work +43 1 51 43 50
Fax:
Fax +43 1 514 35 35
Email:
Web:
www.chsh.com
Bratislava, Brussels, Bucharest, Budapest, Minsk, Prague and 3 more
Cerha Hempel, Dr Peter Knobl, Vienna, AUSTRIA

Lawyer rankings

Dr Peter Knobl

Tel:
Work +43/1/514 35-241
Email:
Web:
www.chsh.com
Cerha Hempel

Work Department

Banking & Corporate Finance.

Position

Partner
Areas of practice: Banking & Finance, Capital Markets, Banking Regulatory, (AML and other) Compliance, Investment Funds, Payment Services and MiFID II, Investment Services, Insurance Regulatory and IDD

Career

Admitted 2001, (Attorney at Law) Austria

Peter is partner at Cerha Hempel Spiegelfeld Hlawati since 2005, with the firm since 1998, and leads our banking & insurance supervision and regulatory practice.

His areas of focus include banking and capital markets, banking regulatory including (AML) compliance, restructuring of banks, investment funds, payment services, investment services (MiFID II), insurance regulatory.
He advises Austrian licenced banks (SIs and LSIs), investment firms, insurances and fund management companies on compliance and regulatory law queries and was involved in the
establishment of the first bad bank in Austria.

Languages

German, English.

Member

Vienna Bar; European Community Studies Association Austria (ECSA); Austrian Association of Attorneys

Education

Erste Bank der Sparkassen AG (Bank Merchant's Exam 1992); University of Vienna (Mag. iur. 1986, Dr. iur. 1987)
Awards:
Leopold Kunschak-Forderungspreis 1994
Walther Kastner Prize 1992 and 1997

Austria

Banking and finance

Within: Banking and finance

Praised for its 'outstanding expertise', Cerha Hempel acts for lenders and borrowers on various finance transactions and has a strong profile for banking regulatory and compliance work. As an expert for regulatory and compliance issues, the 'outstanding' Peter Knobl frequently advises clients, including Spar-Finanz Bank and Commerzbank, on MiFID II matters, anti-money laundering (AML) compliance and banking secrecy issues. In the financing space, Volker Glas is advising Sberbank Europe on various LMA financings, including a guarantee facility agreement for Euro-Asfalt and a transfer of loan portfolios from Sberbank Hungary to Sberbank Europe and Thomas Zivny assisted Erste Group Bank with the refinancing of Immofinanz's Stop Shop portfolio. Edith Hlawati heads the team.

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Capital markets

Within: Capital markets

Working in close co-operation with its banking and corporate finance teams, Cerha Hempel routinely assists Austrian real estate holding companies with capital market transactions but also acts for several other Austrian-listed companies, banks and investment firms. In recent highlights, Thomas Zivny and Volker Glas advised Buwog on its €300m rights offering, while Glas also handled S Immo's issuance of two fixed-coupon bonds totalling €150m, and assisted Voestalpine with the set-up of a base prospectus for a €1bn bond issuance programme and an inaugural issuance of €500m 1.375% senior notes. The group, which also includes Edith Hlawati, Clemens Hasenauer and 'go-to lawyer for regulatory matters' Peter Knobl, also handles delistings.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

  • THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

    Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
    - Dorda

  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda

  • AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

    On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
    - Dorda

  • Consent or pay – a valid scheme under the GDPR?

    Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
    - Dorda

  • fwp expands know-how thanks to new junior partner

    Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
    - Fellner Wratzfeld & Partners

  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
    - Fellner Wratzfeld & Partners

  • AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda

  • Rien ne va plus!

     
    - Dorda

  • DORDA advises on the acquisition of Austrian office properties Denk Drei

    Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
    - Dorda

  • Austrian "White List"

    Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
    - Dorda
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