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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

Dr Hans Kristoferitsch

Tel:
Work +43 1 514 35 291
Email:
Web:
www.chsh.com
Cerha Hempel

Work Department

Contentious Business

Position

Partner
Head of Privacy and TMT practice group

Areas of practice: Public Commercial and European Law, White-collar Crime and Compliance, Competition and State Aid, Data Protection, Energy and Environmental Law, Constitutional and Administrative Law, Privacy and IT

Career

Admitted 2009, (Attorney at Law), Austria
Positions:
University Assistant at the Research Institute for European Affairs at the Vienna University of Economics and Business

Partner with Cerha Hempel Spiegelfeld Hlawati since 2013 and head of Privacy and TMT practice group.
Hans is leading in areas of data protection, telecommunications, e-commerce and regularly assists Austrian and global clients with international data transfers, outsourcing projects,
cloud computing and behavioral advertising. Recently, assisted and coordinated GDPR compliance, regulatory projects for numerous large multinational clients.
He is also an expert in white collar crime and took the lead in some of the biggest internal investigations in Austria.

Hans frequently represents companies damaged by criminal conduct in trials and asset tracing. He is active in all areas of regulatory, public, administrative law and handles various cases under the fundamental freedoms, including infringement proceedings before the European Commission, as well as other areas of EU law (in particular state aid, regulated industries, EU litigation). Acts regularly before the CJEU (eg Hinkley Point-C case, landmark case in Austria).

He regularly teaches and gives lectures on compliance, data protection and criminal law and is an author of several publications (textbook Austrian data protection law).

Languages

German, English, Spanish

Education

Harvard Law School (LL.M. 2005); University of Vienna (Mag. iur. 2002, Mag. phil. 2004, Dr. iur. 2004)


Austria

Administrative law and public sector

Within: Administrative law and public sector

Cerha Hempel is noted for its wide-ranging practice, covering environmental, state aid, planning and zoning, energy, air traffic, education, product regulation and healthcare law. Hans Kristoferitsch, who is 'hands on and understands the client's needs', represented the Republic of Austria before the European Court of Justice (ECJ) in litigation regarding the awarding of state aid for nuclear power plants in the UK and Hungary; he also acted for the Austrian Power Grid in proceedings before the Board of Appeal of the EU Agency for the Cooperation of Energy Regulators and the ECJ. Stefan Huber, who jointly heads the practice with Kristoferitsch, is advising food retailer Spar on a variety of regulatory issues, as well as acting for a number of higher education bodies, such as the Institute of Science and Technology. Other clients include Vienna International Airport and Philip Morris.

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Dispute resolution: white-collar crime (including fraud)

Within: Dispute resolution: white-collar crime (including fraud)

With superb reputation in the space, Cerha Hempel acts for companies and individuals in criminal proceedings and internal investigations, while also providing assistance with compliance matters. Team co-heads Hans Kristoferitsch and Stefan Huber represented a construction company in criminal investigations against circa 50 companies and over 150 individuals for alleged bid-rigging, fraud and corruption, and, together with highly regarded co-head Peter Lewisch, Kristoferitsch is acting for Wiener Stadtwerke and its subsidiary Wien Energie in various criminal proceedings pertaining to allegations of fraud, corruption and the manipulation of several tender proceedings.

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TMT

Within: TMT

With an extensive blue-chip client base, Cerha Hempel covers a wide range of TMT sector work with a particular focus on data protection, IT and telecoms law. The 'very responsive and pragmatic' team, which is led by the 'excellent' Hans Kristoferitsch, advises Spar on all data protection, data security and IT matters and also assists Asfinag on various IT, data protection and GDPR compliance issues including traffic and toll-collection data matters alongside video surveillance issues.

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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.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location
  • 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