19 March 2020
Real Lawyers for Real CrisesCOVID-19 is affecting us all. We are here to help!Law Firm CORE Legal has decided to launch a legal services deal for everyone affected by the virus – the Crisis Inhouse Lawyer.The Crisis Inhouse Lawyer will take you by the hand and guide you through the state of uncertainty. We will help you navigate through COVID-19 caused legal matters, which are the most relevant to you.
Read more and sign up from HERE.
12 March 2020
Law Firm CORE Legal is excited and proud to announce a new partner Mari Manniko!
Mari has always been mainly interested in and passionate about the right to #privacy. She is also an experienced #litigation attorney with strong analytical and negotiation skills. During her 25 years of legal practice she has participated in different legal projects from carrying out due diligences to complex #bankruptcy cases as well as leading the work group performing several in depth analyses on Estonian #cyber #security regulations.
Prior to joining the CORE Legal team, Mari was the head of the legal department of the biggest Estonian #media corporation Ekspress Grupp AS, which is a stock #listed media group active throughout the Baltic states.
For already 10 years Mari has also contributed to legal education running courses on the right to privacy and #data #protection in University of Tartu.
Welcome aboard, Mari!
While heading the FinanceEstonia Crowdfunding Expert Group, partner and attorney-at-law at Law Firm CORE Legal Merit Lind authored the original Crowdfunding Best Practice that is still being relied on today. In the article, she discusses some legal aspects of the Estonian crowdfunding industry – and suggests to consider one potentially efficient measure for tackling unlawful platform providers – maybe the authorities should be given the powers to issue orders to web service providers on limiting such crowdfunding platform operators’ ability to provide their services in the web.
Due to recent events, a discussion on the negative reputation Estonia might obtain due to some crowdfunding platforms potentially having snatched investors’ money, has been revived. Thomas Auväärt from the Ministry of Finance explained in the media that it is important to distinguish between typical investment risks and fraud cases. So far, the country has stayed put waiting for pan-European regulation on crowdfunding without resorting to issuing a national regulatory requirement to obtain an activity licence for providing such services.
The Ministry of Finance stated that till now, the respective market has been guided by the marketplayers’ self-regulatory instrument – the FinanceEstonia Crowdfunding Best Practice. If all of the market players followed its principles, no bespoke national regime would be required. Unfortunately, it cannot be taken as a binding instrument.
Is the Best Practice enough?
In the light of the latest crowdfunding related events both crowdfunding platform providers and investors will hopefully find new value in the principles of the Best Practice. But will it be enough anymore?
Some years ago, when the Best Practice was in the making, most of the participating crowdfunding platform providers were mainly concerned with establishing trust with the crowd investors – the aim was to create trust in both the industry and the platform providers. At the time, joining the Best Practice was an important business consideration for the platform providers as it was clear that one bad seed could ruin the reputation and business of all of the platform operators.
In the subsequent market situation where less and less investors paid attention to whether a platform provider adhered to the Best Practice principles or not, and invested in growing volumes irrespective of it, joining the Best Practice was perceived as less important by the service providers and, correspondingly, the platform providers’ enthusiasm to keep the Best Practice tags update evaporated.
How to recognise an honest business?
Now, we see that crowdfunding has become an increasingly common form of investment, platforms are being established at a rather rapid pace, market volumes have grown alongside with the investors’ courage, and we are faced with a problem again – how can an investor separate a crowdfunding platform provider with long-term and sustainable business goals (i.e. honest one) from con men.
On one hand, it is likely to increase the motivation of crowdfunding platform providers to renew their Best Practice adherence statements, however, at the same time, nothing will hinder any other crowdfunding platform provider from declaring its adherence to the Best Practice principles, irrespective of not actually having received the relevant recognition.
Therefore, the bigger issue remains – investors, neither Estonians nor foreigners, do not pay enough attention to the industry’s self-regulatory instruments as well as do not understand its true meaning. The truth gets lost in the marketing noise.
An activity licence requirement is not a magic stick either
Many seem to think that a national activity licence requirement would solve the problems. Unfortunately, it is not a magic stick either due to the clearly cross-border nature of the crowdfunding business.
The crowdfunding platform providers that were established in Estonia and have recently faced accusations of snatching the investors’ money indeed hurt Estonia’s reputation. However, adopting a national law based on which we will start issuing national activity licences to crowdfunding platform providers, is unlikely to make the problem go away.
A national licence received in Estonia can be well exploited in the marketing of crowdfunding platform providers – for example, a non-resident can rather easily establish a private limited liability company in Estonia, bring minimal resources here to obtain the activity licence and thenafter channel the entire focus of the business and marketing activities of the crowdfunding platform provider to another country or foreign investors.
By referring to the Estonian activity licence foreign investors may be misled into thinking that the respective Estonian entrepreneur is allowed to provide its services across borders, even though the legal reality is in most cases exactly the opposite.
We are seeing it currently in the world of virtual currencies where several virtual currency service providers, whose actual connections to Estonia are rather casual, to put it mildly, being limited to merely establishing a private limited company and obtaining an activity licence in Estonia, are using the Estonian activity licence to establish trust in other target markets, even though their owners, management and actual business activities are all in these target countries where they would have found it difficult or maybe even impossible to receive a similar licence.
If such a company defrauds foreign investors in these target countries, the entire Estonian national activity licence system as well as our regulator’s credibility take a reputational hit. Not to mention that establishing such entrepreneurs’ liability and enforcing remedies against them will need to overcome many practical complexities.
There have been recent changes in Estonian national law on virtual currency service providers, which were introduced with the aim of improving the market situation, however, the problem of groundless exploitation of the national licence to lead the foreign investors to invest through the gates of their crowdfunding platform, is likely to remain.
Who is liable?
Until we wait for the pan-EU regulation to deal with this borderless industry or discuss the creation of the national regulation and its substance, one cannot fight the urge to ask: who is liable and for what?
Leaving aside fraud schemes knowingly organised by platform providers and the potentially resulting criminal liability, which is dealt with by the respective authorities, it would be appropriate to think about the civil law obligations and responsibility of crowdfunding platform operators and, more broadly, all of the platform economy service providers.
The absence of regulatory requirements and the need to obtain an activity licence does not necessarily mean that crowdfunding platform providers would not be liable before investors, if they have breached their obligations stipulated in their own terms of service.
If a crowdfunding platform provider has published investment projects, the facts of which are untrue or misleading, a question arises whether the crowdfunding platform operator or the campaigning project owner should be liable for this.
The recent events have shown that the investors first natural response is to turn to the Consumer Protection Board to seek help. Keeping in mind that the Consumer Protection Board is meant to act in the interests of consumers, one cannot help but wonder whether a person making crowdfunding investments for the purposes of increasing its income from entrepreneurial activities can actually be considered as a consumer in such situations? In relation to the campaigning project owner such a person effectively becomes either a shareholder or lender who should first and foremost make sure himself that he understands the risks and terms of the relevant investment projects and its economic activities.
On the other hand, in relation to the crowdfunding platform provider, such an investor may still be regarded as a consumer of platform services. In that case one should inquire though, whether and to what extent will a platform provider be liable for untrue or misleading statements about the project owner or the project itself published on its website by the campaigner.
In the explanations accompanying the EU crowdfunding regulation proposal it has been stated that all the factual information regarding a project and a project owner can only come from the project owner and thus it is not reasonable to require the platform providers to verify all these facts and ensure the accuracy of the information presented.
Nevertheless, a platform provider should ensure that for each project and project owner information is provided in a sufficient amount and consistent manner so as to enable the investors to obtain enough knowledge. The primary task of the crowdfunding platform providers would be to inform of the risks involved but, in future, also testing the investors’ knowledge on crowd investments.
The pan-EU crowdfunding regulation will require the crowdfunding platform providers to expressly warn the investor each time when the particular crowd investments will be regarded unsuitable for the investor based on the afore-mentioned investor knowledge test.
It is evident from the above that similarly to the broader platform economy one should learn to distinguish project owners’ and platform providers’ differing tasks and obligations. A crowdfunding platform cannot be held liable for the untrue facts given by the project owner, unless of course the platform operator and the campaigner are more closely tied together.
What do the term of service say then?
One cannot emphasise enough the importance of the Terms of Service of the platform provider to determine the tasks and obligations of the operator.
It is worthwhile to ask yourself whether the platform provider promised the investors that it is verifying data provided on the campaigners and projects? How far did the platform operator promise to go with the verification exercise according to its terms? Has the platform provider indicated in its marketing statements that it will perform a due diligence on the project owners and the projects, which might have led the investors to reasonably rely on the platform provider and believe that all the project owners and projects available on the platform are of an independently checked quality?
In the latter case it is possible to conclude that a platform provider may well have breached its obligations to ensure the performance of the actual verification exercises, their efficiency and promised quality level of the campaigners and projects. One must emphasise that it is often the case that the platform provider boasts in its marketing statements about the high and verified quality of the projects and the checks performed on these, but the platform providers’ Terms of Service stipulate that the platform provider is not running any checks at all.
In essence, we are dealing with a question of whether the platform operator is responsible for what is being sold on its website. One should not forget though that it is characteristic to the platform economy that the platform provider determines the requirements, which need to be met to advertise a project on its site.
At the same time the platform provider’s value comes from its user base, which it advertises to potential campaigners, and from the broad range of the investment projects that are being offered to the users to choose from. Therefore, the platform providers are, on one hand, motivated to relieve the “qualification criteria” of the project owners and projects and, on the other hand, motivated to emphasise to its users the better quality of the projects as compared to any other competitors.
To allow the platform providers to reduce themselves into mere websites means to underestimate the importance of the platform providers’ marketing activities and platform operation terms in the success of the project owners’ campaigns.
If a platform provider has limited or excluded its liability in its Terms of Service, it is worth to question whether such liability limitation clauses would at all be valid vis-à-vis the platform’s users and, if yes, to what extent? Not every liability limitation clause of a service provider actually has the intended legal effect, if one is to dig deeper into the activities of the platform provider.
Considering the aforesaid, investors might find that they actually have grounds for the submission of claims against the platform providers, if the latter have breached their obligations. One must understand though that the platform provider’s liability cannot automatically derive from the project owner’s actions in providing misleading information on the project.
Maybe web service providers could be of assistance?
How to efficiently limit the activities of a platform provider that does not meet its obligations? While we are waiting for the pan-EU regulation and discuss the potential substance of the national licence requirements, I would suggest to consider one potentially efficient national supervisory mechanism to contain illbehaving platform providers.
Maybe the supervisory authority should be entitled to issue binding orders to various web service providers to limit web service provision to platform providers that fail to meet their obligations? Food for thought.
30 January 2020Our partner and attorney-at-law Merit Lind commented on Rahageenius on the potential civil liability of crowdfunding platform providers in relation to crowdinvestors as well as on the potential effects of the changing regulatory landscape.
The fact that the crowdfunding platform providers are currently not regulated neither required to obtain an activity licence does not necessarily mean that the platform providers would not be liable before the investors for breaching their terms of service.
Food for thought on how to tackle unlawful crowdfunding platform operators in the future – should the authorities be entitled to issue orders to web service providers on limiting such platforms’ ability to provide their services in the web?
See further (in Estonian): https://raha.geenius.ee/…/eksperdist-advokaadi-ettepanekud…/
Advokaadibüroo CORE Legal partner Merit Lind, kes oli FinanceEstonia ühisrahastuse töörühma juhina praegugi kasutusel oleva ühisrahastuse hea tava autoriks, räägib arvamusartiklis, mida Eesti ühisrahastusega ette võtma peaks – ning pakub välja, et ehk võiks reegleid rikkuvate platvormi…
21 January 2020LEGAL UPDATE
Virtual Currency Services Regulation in Estonia
For the ones that may have missed it: on 1st January 2020 changes to the Estonian virtual currency service providers’ licensing requirements took effect introducing tighter requirements for the providers of virtual currency services in Estonia.
The new requirements for the new applicants shall enter into force as of March 2020, and all existing licence holders have to comply with the new rules by 1st of July, 2020 or have their licence declared invalid.
Some examples of the main new requirements are the following:
(a) Increased share capital requirements for the virtual currency service providers – the minimum share capital has to be at least 12 000 euros and it has to be fully paid in.
(b) The members of the management bodies have to be trustworthy and with a proper business reputation.
(c) The registered seat and the seat of the management board of the virtual currency service provider have to be in Estonia.
(d) A foreign undertaking has to act through a branch registered in Estonia, having also the place of business and a director in Estonia.
In addition, from the March 2020 the regulator has 60 – 120 days to decide whether to issue a licence, instead of the present 30 working days. Also, the state fee will be increased to 3 300 euros, instead of the present 345 euros.
The new term “virtual currency service” comprises both the providers of a service of exchanging a virtual currency and the providers of a virtual currency wallet service. The virtual currency exchange service comprises exchanging virtual currency against a fiat currency, fiat currency against a virtual currency and a virtual currency against another virtual currency.
The Ministry of Finance sees a significant decrease in the number of valid licences for providing cryptocurrency services after 01.07.2020. The regulatory tightening will serve the aim of distinguishing credible market players from the rest.
14 January 2020
CORE Legal vandeadvokaat Tiina Pukk nimetati Advokatuuri IO ja IT õiguse komisjoni liikmeks!
IO ja IT õiguse komisjon koosneb intellektuaalomandi-, IT õiguse ning andmekaitse õiguse valdkonna tippspetsialistidest. IO ja IT komisjoni roll on nõustada Eesti Advokatuuri juhatust nimetatud valdkondade õigusloomet ja õiguse kohaldamist puudutavates küsimustes.
CORE Legal attorney-at-law Tiina Pukk was appointed as a member of the IP and IT Law Committee of the Estonian Bar Association!
The IP and IT Law Committee consists of Estonian top legal advisors in the fields of intellectual property, IT law and data protection. The Committee advises the Board of the Estonian Bar Association on said matters for legislative processes and best practices.
3 December 2019
November was a month to remember! The Estonian Police and Border Guard Board issued our partner and attorney-at-law Merit Lind a recognition for her excellent services. We at CORE Legal are extremely proud for her spectacular commitment having received such distinction!
26 November 2019A throwback to our partner Merit Lind visit to WebSummit this November. After having spent hours doing offline banking in the UK in the previous days, WebSummit felt like a fresh tech breeze. We had insightful discussions on AI, legal and tax law related aspects of technology businesses and raising finance.
There was a lot to digest but one simple takeaway was the outline of the four principles of building safe and effective AI solutions:
1. You have to have a wise objective to optimise;
2. Relevant datasets;
3. Well-crafted statistical tests; and
4. Prudent reliability engineering.
… and great lawyers, surely!
And this is just the very beginning.
21 November 2019Oleme uhked meie Katrin Alliksaare tubli järelkasvu üle! Eile töövarjutas Tallinna Pääsküla Kooli 7. klassis õppiv Sven Erik just Tiit Terikut, tutvudes selle käigus RailBalticu arengutega ja aidates loomulikult ka teha Tallinna naabervaldadele ülevaadet järgmise aasta suurematest arengutest!
20 November 2019
Our tax specialist Ivo Vanasaun explains in today’s Äripäev the essence and impact of the upcoming Estonian regulation that will establish an obligation to report to the tax authority on tax schemes that have been created to achieve tax benefits or possibly hide final beneficiaries. Companies and their advisors will be required to start reporting on schemes they have created and implemented already as of 25th June 2018!
Read more (in Estonian): https://www.aripaev.ee/…/petturite-puudmiseks-joustuv-seadu…
27 September 2019
Our tax counsel Ivo Vanasaun explains in Äripäev that the current income tax regime has been created more than ten years ago to foster the establishment of holding companies in Estonia. The planned amendments are likely to turn the creation of Estonian holding companies pointless. “To date it has been easy to promote the establishment of Estonian holding companies. If such a company has a Lithuanian subsidiary and German investors, it has been easy to explain that the money moves through Estonia without added taxes. But now, if the situation becomes less clear and a risk of additional tax burden emerges, there will be little reason to create such holdings.”
Meie maksunõustaja Ivo Vanasaun selgitab Äripäevas, et praegune tulumaksuseaduse kord tehti rohkem kui kümme aastat tagasi just selleks, et soodustada valdusühingute tulekut Eestisse. Tulumaksuseaduse muudatused praegu kavandataval kujul muudaksid potentsiaalselt mõttetuks ka välisfirmadel Eestisse valdusettevõtte tegemise. “Seni on olnud lihtne promoda, et tehke Eestisse valdusühing. Kui sellel on omakorda tütarühing näiteks Leedus ja asja taga Saksa investorid, on neile väga lihtne öelda, et raha liigub Eestist läbi täiendavate maksudeta. Aga kui nüüd tekivad ebaselged kohad ja täiendava maksukoormuse oht, siis ei ole mõtet seda Eestisse teha.”
Vt lähemalt: https://www.aripaev.ee/…/tulumaksuseaduse-muudatused-teevad…
12 September 2019Täna kell 12-13 oli Äripäeva raadios järjekordne saade sarjast “Alustava ettevõtja A & O”. Seekordse saate külalisena rääkis meie maksunõunik Ivo Vanasaun seal maksunüanssidest, mida üks alustav ettevõtja peaks teadma. Kindlasti tuleb juttu ka teemadest, mille osas tasub mälu värskendada ka juba tegutsevatel ettevõtjatel. Saatejuht Rivo Sarapik.
Saade veebist järelkuulatav:
3 September 2019Nüüd on soovi korral võimalik igal hetkel #Äripäeva mõningaid veebiseminare osta ja järelvaadata. Suure huvi tõttu on järelvaadatavana nüüd kättesaadav ka meie partneri ja vandeadvokaadi Merit Lindveebiseminar “Pea- ja alltöövõtja suhete regulatsioon ehituse riigihangetes” (15.11.2018).
28 August 2019
Upon the request of the Estonian Ministry of Finance, attorney-at-law Merit Lind and specialist tax counsel Ivo Vanasaun from Law Firm CORE Legal drafted an opinion on the contemplated changes to the Estonian Tax Information Exchange Act. The upcoming changes originate from the latest amendments of the EU Directive of Administrative Cooperation (so-called DAC6). The draft law foresees that Estonian advisors shall regularly notify the Estonian tax authority of any client cases where crossborder tax avoidance may take place (also known as tax schemes). The Estonian tax authority will then pass the information to the tax authority of the other country involved. Similar information will also be sent from other EU countries to Estonia. Although during the initial discussions, the Directive aimed to fight against aggressive tax planning, the final wording is much wider, covering different “cross-border arrangements”, which meet certain criteria. Thus, the reporting obligation will include a wide range of cases, which may not have any links to tax avoidance or aggressive tax planning. The fact that such information is collected, reported and shared between tax authorities, may cause undesirable implications to companies likely creating a need to spend extra resources on explaining their business and intentions to tax authorities.
Estonia plans to use the exception according to which attorneys are exempted from the reporting obligation due to their legal professional privilege. However, in such situations the attorney needs to notify other involved advisors of the reporting liability being transferred to them. Such obligation may also be transferred to the client creating a need to selfreport own transactions. This may potentially lead to self-crimination, which is not in line with the Estonian Constitution. The Law Firm CORE Legal suggested that this part of the Estonian draft law should be very closely reviewed.
The described changes will significantly contribute to the (already) rapidly changing tax landscape. According to the draft law, the first reporting of cross-border arrangements will take place by 31 August 2020 and will retroactively cover all transactions since 24 June 2018.
22 July 2019
On 11th July CORE Legal partners Merit Lind and Tiina Pukk presented to law students from all across Europe at the ELSA Estonia Summer University in TalTech – Tallinn University of Technology.
Merit explained what a fintech startup should keep in mind to navigate the regulatory hurdles of the financial industry and Tiina topped up with explaining how creating intellectual property creates in actual value of IT companies and how to turn it into money.
We are honoured to have contributed!
Happy birthday to us!
12 June 2019
Attorney-at-Law Tiina Pukk successfully represented Estwin Projektijuhtimise OÜ (EstWin), a 100% subsidiary of the Estonian Broadband Development Foundation (ELASA), in a dispute with its former management board member over the latter’s breaches of management board member duties. The Court of Appeal ruled that the management board member had infringed his due diligence obligation and his duty of loyalty as well acted in violation of the restrictions on his right of representation. The Court of Appeal stated that EstWin was entitled to a compensation for the damages caused by such violations.
The Estonian Broad band Development Foundation (ELASA) was founded by the Ministry of Economic Affairs and Communications and the Estonian Association of Information Technology and Telecommunications (ITL) and it is responsible for the EstWin project, installation of fibreoptic cables and construction of connection points.
The purpose of ELASA is to implement the EstWin project and to give all residential houses, businesses and authorities a chance to connect to the next generation broadband network with a transmission speed up to 100 Mbps. The roll-out of the high speed middle-mile networks to sparsely populated areas, which were unlikely to be covered by market-driven deployment, involves laying over 6000 km of fibre-optic cables and the construction of network access points. These investments are intended to stimulate complementary deployments of last mile connections by commercial telecom operators.
9 May 2019
Attorney-at-Law Merit Lind and senior associate Katrin Alliksaar are successfully advising and representing the Estonian Centre for Defence Investment with their complex defence industry purchases and related disputes, one of the latest of which involves the dispute over the automatic firearms purchase with the estimated value of EUR 75,000,000.
On 3rd May the administrative court rejected the rifle manufacturer Sig Sauer complaint with which the latter contested the Estonian Centre for Defence Investment’s decision to transact with its competitor, i.e. US automatic firearms producer Lewis Machine Tool.
See further in Estonian: https://www.err.ee/…/halduskohus-ei-andnud-kaitsevae-relvah…
or in English: https://news.err.ee/…/tallinn-administrative-court-rejects-…
29 April 2019We are happy to announce that our team is growing! Lawyer Henri Elias, who joined our team in April, has opted to introduce himself with a little rhyme. See for yourself:
“We would like to introduce our newest team member,
he’s a fan of sports and is of male gender.
The name is Henri and he likes to sing,
write some poetry and play some strings.
Before joining CORE Legal he worked in aviation,
and as he’s been a lawyer for a short duration,
he’s enthusiastic and ready to strive,
eager to learn and hoping to thrive.”
We are happy to have you on board, Henri!
23 April 2019
Just before Easter, the Tallinn Circuit Court ruled that all Gemalto’s claims against the Estonian Police and Border Guard Board questioning the legality of signing the new era ID cards’ production contract with IDEMIA were entirely unfounded. This ruling serves as a quality mark on both the tendering and partner selection process leading to the 40 million euro value transaction. The ID cards’ production and servicing contract is the pillar of the Estonian electronic identity ecosystem.See further: “PPA võitis ID-kaardi tootmise riigihankega seotud kohtuvaidluses Gemaltot”
Attorney-at-Law Merit Lind and senior associate Katrin Alliksaar from CORE Legal successfully advised and represented the Estonian state throughout the tendering, partner selection and contracting process as well as in the subsequent court disputes.
16 April 2019
Partner Merit Lind attended the launch event of the next vertical for StartupWiseGuys accelerator — defense, AI and cybersecurity focused program Cyber North. Eight international teams have been selected to receive investment and take part in a 3 month long acceleration in Tallinn, Estonia. The program is carried out in collaboration with Estonian defense industry.
📸 Rene Lutterus Meedia
29 March 2019
Thrilled to have our team members attorney-at-law Merit Lind and senior associate Katrin Alliksaar contribute throughout the process towards the awarded new Estonian ID cards! Proud to have hard work and commitment resulting with the Regional ID Document of the Year 2019 award! Congrats!
#identity #security #ITprocurements
28 Feb 2019
On 16th February attorney-at-law Merit Lind held an IT Law Master Programme seminar day on how to get an intellectual property intensive startup up and running, organise its shareholders relations and management as well as navigate through financial and regulatory hurdles. With such engagement and energy levels from the attendees, one could not wish for a more fulfilling interaction.
11 Feb 2019
Our partner and Attorney-at-Law Tiina Pukk helped the Institute of Economics and Social Sciences of Estonian University of Life Sciences with writing a book called “Ühistu loomise käsiraamat”.
Tiina is a highly experienced commercial law expert and was therefore, the right person to write practical comments to the Commercial Associations Act in the book. Tiina’s comments help make the legal requirements more understandable for the people in agriculture and food industries acting thorugh a commercial association.
The book can be read and downloaded in Estonian at the webpage of Estonian University of Life Sciences: https://dspace.emu.ee/xmlui/handle/10492/4553
6 Feb 2019
Good news once again! Our Specialist Tax Counsel Ivo Vanasaun will be teaching in Estonian Business School starting this month!
Ivo will share his knowledge and years of experience in finance and economy to final year international Bachelor students.
CORE Legal could not be more proud to have such highly valued expert in our team!
18 Jan 2019
Prestigious law journal Juridica has published an article by our Specialist Tax Counsel Ivo Vanasaun. In his comprehensive article Ivo reached a conclusion which in Estonian tax environment is unprecedented. Namely, certain anti-avoidance provisions of EU Directives may currently not be fully applicable in Estonia even if all necessary provisions have been transposed to the Estonian domestic law. This is because in certain situations bilateral tax treaties between Estonia and other countries override the Estonian domestic law. In principle, similar situations may arise in many other EU member states.
Juridica journal is issued by University of Tartu. The topics addressed are determined by the editorial board, which includes representatives of the University of Tartu, Estonian Supreme Court, Estonian Ministry of Justice and many foreign universities.
6 Dec 2018
CORE Legal partner and Attorney-at-law Tiina Pukk held a lecture to Egoverntech (e-Governance Technologies and Services) second year students at TalTech – Tallinn University of Technology on the topics of confidentiality, data, GDPR and intellectual property rights.
Creating value from information and sharing it – how to protect your interests? We discussed the legal aspects of confidentiality, intellectual property and licensing, data protection and security within commercial law and contractual frameworks.
20 Nov 2018
Law Firm CORE Legal is growing! We are happy to announce that last week Sirli Viikoja has joined our team!
Sirli is a highly motivated lawyer with experience in mostly regulatory and private law matters. For the past 2,5 years she worked as an in-house lawyer in the biggest credit institution in Estonia, i.e. Swedbank AS. Sirli was part of the investment services legal team where she gained valuable experience in banking, finance, securities and capital markets matters as well as in dealing with anti-money launderingand data protection issues.
Sirli has a strong interest in the innovative solutions, fintech, technology and startups world and she is currently working on her master thesis on ICOs and cryptocurrencies in Tartu University.
She has worked with startups related business law matters in the non-governmental organisation Ärikatel, has studied international business in the US and strongly believes in constant self-development and learning.
Welcome to Law Firm CORE Legal, Sirli!
30 Oct 2018
Last week attorney-at-law Tiina Pukk attended another Startup Speed Dating Night by Edu & Tegu Starter as a mentor and legal expert to validate new startup ideas. Tiina has advised startups for years and enjoys the energy it creates.
Great fun and networking at its best. Thank you Edu & Tegu STARTERcreative!
24 Oct 2018
Law Firm Core Legal is growing! We are happy to announce that Katrin Alliksaar has joined our team today.
Katrin is a highly experienced lawyer with nearly 18 years of experience in both public and private sector. She has been working in the Estonian Ministry of Economic Affairs and Communications drafting laws and giving advice in fields belonging to the ministry’s area of government, especially in matters of transport, energy, infrastructure and state information systems.
For the past 2,5 years she worked in Law Firm Deloitte Legal.
Welcome to Law Firm CORE Legal, Katrin!
18 Oct 2018Attorney-at-Law Merit Lind from Law Firm CORE Legal and software development and consulting company Catapult Labs exemplified the true value behind combined legal&tech teams working to achieve common goals for the first year master students of Egoverntech (e-Governance Technologies and Services) Master’s Curriculum at TalTech University. Merit explained the legal thinking in the intriguing environment concerning #fintech #crowdfunding #ICOs #tokenization#startups #liability
#2CL #legaltechnologycollaboration #createvalue
05 Oct 2018
28 Sept 2018
Witnessing the results of the intense work of the Estonian Police and Border Guard Board and the Estonian Information System Authority in bringing new era identity documents to Estonians. Attorney-at-Law Merit Lind has advised and represented the Estonian authorities throughout this impressive journey from planning to execution.
20 Sept 2018
CORE Legal team is attending 2-day EID Forum 2018 in Tallinn for industry updates and future leads!
E-identity based services and mobile solutions are taking over physical form. This adds varienty to possible services based on identification, authentification and data sharing, putting core focus on IoT and blockchain technologies while complimenting GDPR requirements.
13 Sept 2018Välismaalaste sotsiaalmaksuvabastus raha ei küsi: sihitud sotsiaalmaksuvabastusest oleks paljudele ettevõtjatele suur abi ning see ei vaja riigieelarvest täiendavaid katteallikaid, kirjutab advokaadibüroo CORE Legal maksunõunik Ivo Vanasaun tänases Äripäevas.
Vt lähemalt: https://www.aripaev.ee/…/ivo-vanasaun-valismaalaste-sotsiaa…
10 Sept 2018
Vandeadvokaat Merit Lind kommenteerib Äripäevas 01.01.2019 jõustuvaid riigihangete seaduse sätteid, mis annavad hankijale õiguse peatada peatöövõtjale maksete tegemise alltöövõtja taotlusel. Jõustuv regulatsioon kujutab endast regulatsiooni, mis ei täida praktikas tekkivate rakendusprobleemide tõttu oma eesmärki. Hankijast tehakse pea- ja alltöövõtja vahelise lepingu täitmisel erapoolik kohtunik, kes lahendab alltöövõtja taotluse pigem oma huve – tellitud objekti valmimise tagamine ning vaidluskeerisesse sattumise vältimine – silmas pidades. Seejuures puudub kindlus, kas sisuliselt vale otsuse tegemisel on hankija vastutus peatöövõtjaga sõlmitud lepingu rikkumise eest ikka välistatud. Võib oodata, et peatöövõtjad hakkavad alltöövõtulepingutesse konstrueerima piiranguid alltöövõtjatele hankijate poole maksete peatamise taotlustega pöördumiseks – nende tingimuste kehtivus on kindlasti vaieldav. Samuti asuvad hankijad hankelepingutes tõenäoliselt oma võimalikke riske maandama – ka nende tingimuste kehtivus saab olema tulevikus vaidluste allikaks.
06 Sept 2018
Today the Estonian Police and Border Guard Board terminated the settlement negotiations with Gemalto regarding the ID card security vulnerability issues. The parties’ differences were unsolved and will be decided by the court.
See further: http://arileht.delfi.ee/…/ppa-ja-gemalto-labiraakimised-kuk…(in Estonian)