GRATA Moldova

📢 Bursă de 500 euro și internship în cadrul prestigioasei companii de consultanță juridică GRATA International!

Dragi studenți ai Facultății de Drept din Republica Moldova,

V-ați dorit întotdeauna o oportunitate deosebită pentru a vă dezvolta cunoștințele juridice și pentru a vă lansa în cariera voastră profesională? GRATA International vă oferă această șansă unică prin cea de-a III-a ediție a concursului Bursa "GRATA International" Ediția 2023!

Ce aduce această bursă pentru voi?
🏆 Premiul constă într-o sumă generoasă de 500 euro pentru a vă sprijini în parcursul academic și profesional.
🌍 Șansa de a efectua un internship remarcabil în cadrul companiei noastre atât în Moldova, cât și în alte țări din afara granițelor țării. GRATA International este prezentă în peste 22 de țări și are o rețea de peste 250 de avocați cu expertiză internațională, care vă vor oferi o experiență valoroasă în diverse domenii ale dreptului.

Pentru a participa, trebuie să urmați următorii pași simpli:
1️⃣ Depuneți dosarul până la data de 30 August 2023, care va conține:
- Un eseu captivant de maxim 10 pagini, pe tema "Testarea rezistenței sistemului bancar din RM la factori de risc - analiză comparativă între legislația RM și UE." Regulamentul complet și detalii despre subiect sunt disponibile pentru voi.
- O prezentare Power-Point conținând aspectele esențiale ale eseului.
- Curriculum Vitae, pentru a ne cunoaște mai bine experiența voastră și pasiunile juridice.
- Confirmarea privind desfășurarea studiilor voastre.
- Extrasul din fișa matricolă cu situația notelor obținute în ultimii 2 ani de studii.

2️⃣ O condiție importantă este să aveți media notelor de minim 8.5, inclusiv în cadrul sesiunii de iarnă. Demonstrând angajamentul vostru academic, veți avea mai multe șanse de a câștiga această bursă valoroasă!

Ce veți câștiga prin acest internship?
📚 Aveți ocazia să învățați de la avocați cu expertiză internațională în diferite domenii ale dreptului, acumulând cunoștințe și abilități neprețuite pentru cariera voastră profesională.
💼 Veți experimenta cm este să activați în cadrul unei firme de avocați cu renume atât în țară, cât și în afara hotarelor ei, deschizându-vă oportunități diverse și interesante.

Nu pierdeți ocazia de a vă dezvolta și a vă pune în valoare pasiunea pentru drept. Regulamentul de organizare și desfășurare a concursului va fi expediat direct către voi prin e-mail. Pentru a vă înscrie, trimiteți dosarul complet la adresa [email protected].

Alegeți să faceți diferența în cariera voastră și să vă deschideți orizonturi noi cu GRATA International! Vă așteptăm cu nerăbdare să ne cunoaștem mai bine și să vă ghidăm spre succesul vostru profesional! 🌟

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Invitation to B2B meetings with GRATA International Partners You have a unique opportunity to get advice from the leading lawyers of the GRATA International law firm in the above jurisdictions.

I. The CSAM Regulation (in draft) imposes a range of obligations to remove child sexual abuse materials (CSAM), including conducting risk assessments and implementing mandatory detection orders. It primarily applies to hosting services, interpersonal communication services (messaging services), app stores, and internet access services.

Key Obligations:

1. Hosting and messaging services: Must conduct risk assessments of CSAM and take appropriate mitigation measures; can be subject to detection orders requiring the use of technology to prevent dissemination of CSAM or grooming of children; must report potential CSAM to appropriate authorities; can be subject to a removal order (hosting services only).
2. App stores: Must assess if any apps present a CSAM risk and take reasonable measures to ensure apps that present a grooming risk are not available to children.
3. Internet access service: This can be subject to blocking orders.
Victims also have rights to information and assistance with the removal of CSAM.

Business Impact:

The CSAM Regulation has important implications for hosting and messaging companies. These organizations will need to comply with new obligations to address the spread of CSAM, which may require adjustments to their current practices, additional resources, and investments in systems to ensure compliance.

II. The Political Advertising Regulation (in draft) will require additional transparency about political advertising, including targeting and amplification techniques. It primarily applies to publishers of political advertisements and those providing political advertising services.

Key Obligations:

1. Publishers: Political advertisements must be identified as such and contain additional information, such as the sponsor of the advertisement. For publishers who are Very Large Online Platforms (VLOPs), this information must form part of their advertising repository under the Digital Services Act. Remuneration or other benefits from providing political adverts must be disclosed. Users must be able to notify breaches of these requirements.
2. Targeting and Amplification: Targeting and amplification based on special category personal data are prohibited (unless based on explicit consent or by a non-profit). Additional transparency obligations arise for targeting and amplification techniques used for political advertising, and suitable policies must be developed.

Business Impact:

The Regulation is mainly relevant to publishers and those placing political adverts. These organizations will need to comply with new transparency obligations, which may require adjustments to their current practices, additional resources, and investments in systems to ensure compliance. The regulation aims to promote transparency in political advertising, enabling users to better understand the source and intent behind such adverts and prevent the misuse of personal data for targeting purposes.
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I. The Platform Workers Directive (in draft) aims to create a refutable presumption that those carrying out platform work will be employees and introduces new rights for workers (both employees and self-employed) regarding algorithmic management. It applies primarily to digital labor platforms that allow customers to request services involving the organization of work by individuals.

Key Obligations:

1. Refutable presumption of employment: The Directive provides a list of criteria to determine whether a platform worker is presumed to be an employee or not.
2. Algorithmic management: Platform workers will have enhanced information rights on algorithms, the right to human review, and the right to contest automated decisions impacting them.
3. Enforcement measures: Digital labor platforms must declare work to national authorities on a six-monthly basis. The Directive also provides protection against dismissal for platform workers asserting their rights and enables collective redress actions.

Business Impact:

The Platform Workers Directive is likely to have a significant effect on digital labor platforms, including those located outside the EU, as it changes the way platform workers are classified and managed, potentially leading to increased labor costs and additional regulatory requirements.

II. The Digital Services Act (Regulation (EU) 2022/2065) imposes new obligations on those hosting content, with online platforms being subject to significant new "online harm" obligations. It applies primarily to those providing hosting, caching, or mere conduit services, online platforms (e.g., social media services and online marketplaces), and very large ('Big Tech') providers of social media services, online marketplaces, and search engines.

Key Obligations:

1. Hosting, caching, and mere conduit: The intermediary defenses in the old eCommerce Directive are preserved, with new obligations like appointing a single point of contact and reporting annually on content removal. Hosting providers will need to inform users when content is removed and allow them to appeal.
2. Online platforms: New obligations include a prohibition on "dark patterns," and transparency obligations in relation to ads and recommender systems.
3. Very large online platforms and search engines: Further obligations such as the creation of an internal compliance function and conducting risk assessments.

I. The Cyber Resilience Act (in draft) aims to impose cybersecurity obligations on suppliers of products containing digital technology in the EU. It primarily applies to those supplying products designed to connect to another device or network, but not to standalone electronic devices unless they have IoT functionality. The term "products" includes both software and hardware, extending these rules beyond physical goods manufacturers.
Key Obligations:

1. Essential cybersecurity requirements: Products must be designed to ensure appropriate cybersecurity, undergo risk assessments addressing specific factors, have strict processes to identify and patch vulnerabilities, and provide security information to users. Some products will be designated as "critical" or "highly critical" and subject to additional controls, conformance assessments, and CE marking.
2. Vulnerability reporting: Manufacturers must notify ENISA of incidents and exploited vulnerabilities within 24 hours.

Business Impact: The Regulation will be a major change for those supplying digital hardware or software.

II. The Digital Markets Act (Regulation (EU) 2022/1925) imposes significant new ex-ante obligations on 'Big Tech' gatekeepers to ensure competition in digital markets. It primarily applies to gatekeepers as providers of core platform services, including intermediation services, search engines, social media, operating systems, advertising services, and cloud computing. The European Commission will designate large core platform service providers as gatekeepers based on their economic size and user base.

Key Obligations:

1. Restricting leveraging: Gatekeepers must limit their ability to use core platform services to favor other services within their ecosystems, such as prohibiting preferencing their own offers in their results rankings.
2. Paving the way for rivals: The DMA reduces barriers for challenger platforms to compete with gatekeepers, including a specific requirement for messaging interoperability.
3. Rebalancing power for business users: The DMA rebalances certain aspects of gatekeepers' commercial relationships with their business users, such as imposing data sharing in certain circumstances.

Business Impact:
The Digital Markets Act is likely to have a significant effect on digital markets, potentially changing the competitive landscape for both gatekeepers and smaller businesses.







Ciobanu Stanislav
GRATA Moldova

🏆 On April 12, 2023, Legal 500, a global legal directory, released its rankings of leading law firms and lawyers in Europe, Middle East and Africa - Legal 500 EMEA 2023.

The rankings reveal that GRATA International has maintained its success from the previous year, with strong rankings in , , , and .

The Legal 500 EMEA 2023 rankings have confirmed GRATA International’s role as one of the market leaders in the region.

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I. The NIS 2 Directive (Directive (EU) 2022/2555) replaces the existing Network and Information Systems Directive, imposing cybersecurity and breach notification obligations on certain essential and important entities. It applies primarily to essential entities in various sectors such as energy, transport, financial, health, water, digital infrastructure, ICT, public administration, and space, as well as important entities in the post, waste management, chemical production, manufacturing, food production, digital, and research sectors. It also applies to Member State governments, which must have cybersecurity strategies, crisis management frameworks, and incident response teams.

Key Obligations:

1. Preventative measures: Essential entities must use appropriate measures to protect their systems, including vulnerability handling and supply chain control. Management boards must oversee these measures and are liable for non-compliance. They must also be trained in cybersecurity. Member States can require certain ICT products and services to be certified, and in some cases, an EU representative must be appointed.
2. Incident reporting: Essential entities must notify the relevant regulatory authority of significant incidents and may need to notify recipients of the service.

Business Impact: The Directive arguably strengthens existing regulations and best practices. However, the direct liability of management boards is significant.

II. The Digital Operational Resilience Act (DORA) is an EU Regulation that imposes significant cybersecurity obligations on financial services institutions and regulates critical third parties. It primarily applies to financial services institutions and third-party service providers that provide "critical" ICT services to financial services institutions.

Key Obligations:

1. Financial services institutions must apply uniform standards for managing ICT risks and protecting against cyber attacks. This includes the management body being responsible for ICT risks, implementing appropriate ICT tools and intrusion detection systems, conducting pe*******on testing, having an incident response plan and reporting incidents to the relevant regulator, managing third parties according to more prescriptive rules with key contractual requirements, and putting in place and testing appropriate resilience plans.
2. Service providers: Third parties that provide "critical" ICT services to the financial sector will be directly supervised.

Business Impact: The Regulation will require significant additional work for some financial services institutions.

In Moldova, starting from 2023, entrepreneurs only pay income tax when they distribute profits as dividends, not when they keep the money within the company. This measure, introduced in Estonia in 1999, has led Estonia to become a nation of start-ups, a paradise for small businesses and investors.

Currently, this reform applies only to Small and Medium-sized Enterprises (SMEs). The aim is to create a tax system that taxes consumption more and investments less, to encourage investments in the economy, which will generate jobs, competitiveness, and economic growth.

Previously, entrepreneurs paid a 12% income tax, and an additional 6% tax on the portion of profits distributed as dividends, resulting in an effective 18% dividend tax. The new reform makes it so that the 12% income tax is only paid if the income is distributed as dividends to founders; if the money stays in the company, it is not taxed.

This reform aims to stimulate investment and reinvestment of profits, provide additional liquidity to entrepreneurs, support the productivity and competitiveness of SMEs, serve as an anti-crisis measure, and simplify fiscal procedures. It also aims to reduce the informal economy, attract foreign investment, and support the competitiveness of domestic producers.

The main long-term effects of this reform include increased profitability for companies, easier access to financing, attracting investors, further investment stimulation, reduction of the informal economy, and attracting foreign investments. This reform, along with other measures, aims to revitalize the SME sector in Moldova and contribute to a healthier trade balance in the long run.

In Europe, only four countries apply this model: Estonia, Latvia, Georgia, and now Moldova.

I. The European Health Data Spaces Regulation, currently in draft, aims to increase electronic health data recording and create a framework for using that data for secondary purposes, such as research. It is expected to be adopted around 2024 and applied from around 2025-2026. The Regulation primarily applies to healthcare providers, researchers wanting to access health data, providers of electronic healthcare records (EHR), and providers of "wellness applications."

Key Obligations:

1. Digital healthcare records: Individuals will have immediate access to their healthcare data, including portability. Healthcare providers will have access to EHRs to provide care, and they will need to record healthcare information in EHRs.
2. Research and secondary uses: A framework will be established to enable researchers to access healthcare data, subject to approval from a relevant "health access body" and access to the data via a Secure Processing Environment.
3. EHR providers will be subject to various duties, including compliance with a common specification and CE marking.
4. Providers of wellness applications will be subject to voluntary labelling obligations.

Business Impact: These provisions will be important for entities in the healthcare and research sectors.

II. The ePrivacy Regulation, currently in draft, is intended to replace the existing ePrivacy Directive. However, due to difficulties in the legislative process, it is unclear when or if it will be adopted. The Regulation primarily applies to entities using electronic direct marketing (e.g., email or telephone), those using cookies, and telecoms and messaging providers concerning interception of communications, use of metadata, and telecoms-related privacy issues (e.g., calling line identification).

Key Obligations:

1. Electronic direct marketing: It is unclear if there will be significant changes to current rules, but Member States might be allowed to set maximum time limits for marketing activities.
2. Cookies: Minor changes might be made, such as allowing analytics cookies without consent. Rules might also address related issues like Wi-Fi tracking and automatic software updates.
3. Content and metadata: Strict new rules will be implemented on when telecom operators and messaging providers can intercept content and use metadata.
4. Sanctions: Breaches will result in "GDPR-like" sanctions.

Business Impact: The Regulation should have limited impact, except on telecoms and messaging providers.







Ciobanu Stanislav
GRATA Moldova

The European Union's digital regulation has evolved from focusing primarily on personal data protection to addressing broader concerns about the digital economy under the leadership of Ursula Von Der Leyen.

The core policy document, Shaping Europe's Digital Future, highlights two key concerns: the power of online platforms and the increasing reliance on living our lives online. The document outlines three policy objectives to tackle these concerns: ensuring technology works for the people, enabling a fair and competitive digital economy, and achieving an open, democratic, and sustainable society.

To put these objectives into practice, the European Commission released the European Data Strategy, which provides a legislative framework consisting of horizontal (applying to all actors in the economy) and vertical (sector-specific) regulations. The Commission aims to place the individuals and businesses generating data at the center of these regulations, shifting power from data holders to data generators. As a result, companies will need to open up their data to third parties upon user request, and successful data-driven businesses will be those that gain user trust and provide value-added services using data, much of which may come from external sources. In a series of posts we will give you the basic information on the European Union legal framework insights.

The Data Governance Act (Regulation (EU) 2022/868) is an EU Regulation that promotes data sharing among public bodies, establishes a regulatory framework for data intermediaries, and encourages data altruism. It will come into effect in September 2023 and primarily applies to public sector bodies, data intermediaries, and data altruism organizations.

Key Obligations:

1. Reuse of public information: The Regulation aims to encourage public bodies to make sensitive data available using protective measures, expanding on the existing rules on the reuse of public data.
2. Data intermediaries: Data intermediaries, entities that facilitate commercial relationships between data generators and data users, will face strict new obligations, including notifying new regulatory bodies.
3. Data altruism: Data subjects will be encouraged to share data for altruistic purposes, such as healthcare or combating climate change. Data altruism organizations will be strictly regulated and required to notify new regulatory bodies.

Business Impact: This Regulation is expected to have a limited impact on most businesses.

Ciobanu Stanislav
GRATA Moldova

GRATA International | Interview with Andrew Gamble - What was the most interesting part of your work and what remains to this day?I spend a lot of time assisting in the marketing of the firm and speaking to o...

Are you starting an e-commerce business in Moldova? Let Grata Moldova help you register your company and stay on top of local legal requirements.

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Dealing with E-commerce Fraud: How a Law Firm in Moldova Can Help

E-commerce fraud is a growing concern for businesses in Moldova and around the world. Fraudulent activities like chargebacks, identity theft, and account takeover can cause significant financial losses and damage to the reputation of e-commerce businesses. Therefore, it is essential to take proactive measures to protect your business from e-commerce fraud.

One of the best ways to protect your business is to hire a law firm that specialises in e-commerce law. An experienced law firm can help you understand the legal implications of e-commerce fraud and provide you with effective strategies to prevent and resolve fraud-related issues.

Here are some of the ways in which a law firm in Moldova can help you deal with e-commerce fraud:

Risk Assessment: An e-commerce law firm can assess your business's risks of e-commerce fraud and provide recommendations to mitigate those risks. This can involve reviewing your payment processing systems, customer authentication methods, and other security measures to identify vulnerabilities that fraudsters can exploit.

Fraud Prevention Strategies: Once the risks are identified, an e-commerce law firm can help you implement fraud prevention strategies to protect your business. This can include measures like using fraud detection software, adopting two-factor authentication for customer transactions, and ensuring that your payment processing systems comply with industry security standards.

Fraud Investigation: If your business experiences e-commerce fraud, an e-commerce law firm can help you investigate the incident and identify the responsible parties. This can involve reviewing transaction data, conducting forensic analysis of your systems, and working with law enforcement agencies to recover lost funds.

Dispute Resolution: In the event of e-commerce fraud, an e-commerce law firm can represent you in disputes with payment processors, banks, and other parties involved in the transaction. This can involve negotiating chargeback reversals, pursuing legal action against fraudsters, and advising you on your legal options.

In conclusion, e-commerce fraud is a serious threat to businesses in Moldova and worldwide. Hiring an e-commerce law firm can provide you with the legal expertise and guidance you need to protect your business from fraud-related risks. With their help, you can implement effective prevention strategies, investigate incidents, and resolve disputes that arise from e-commerce fraud.

Ciobanu Stanislav
GRATA Moldova

Delivering Exceptional Customer Service in Legal Services: The Key to Client Satisfaction and Loyalty

Introduction

In today's highly competitive legal landscape, client satisfaction and loyalty are critical to the success of law firms. While the primary focus of a legal practice is to provide expert legal advice and representation, it is essential not to overlook the importance of exceptional customer service. Lawyers who prioritize customer service can distinguish themselves from competitors, retain clients, and attract new business. This article will explore the significance of customer service in legal services and provide practical tips for lawyers to enhance their clients' experience.

Understanding the Importance of Customer Service in Legal Services

a) Building Trust and Confidence

Clients often approach lawyers during times of crisis or uncertainty. By providing exceptional customer service, lawyers can build trust and confidence, which are crucial for a strong attorney-client relationship. Clients who trust their lawyers are more likely to follow legal advice and collaborate effectively throughout the process.

b) Enhancing Reputation and Word-of-Mouth Referrals

A positive customer service experience can lead to strong word-of-mouth referrals. Satisfied clients are more likely to recommend a lawyer to their friends, family, or colleagues, thereby expanding the law firm's client base.

c) Client Retention and Loyalty

In the competitive legal industry, retaining clients is essential for long-term success. Exceptional customer service can turn a one-time client into a loyal, repeat customer who brings in recurring business and revenue.

Tips for Lawyers to Improve Customer Service

a) Clear and Timely Communication

Lawyers should prioritize clear and timely communication with their clients. This includes promptly responding to emails and phone calls, as well as providing regular updates on case progress. By being transparent and accessible, lawyers can alleviate client anxiety and establish a strong working relationship.

b) Active Listening and Empathy

Understanding clients' concerns and emotions is vital for delivering personalized and effective legal advice. Lawyers should practice active listening, empathize with their clients' situations, and tailor their approach accordingly. This will not only make clients feel valued but also foster trust and loyalty.

c) Setting Realistic Expectations

It is essential for lawyers to set realistic expectations for clients from the outset. By clearly outlining the possible outcomes, potential risks, and timeframes involved in a case, lawyers can avoid misunderstandings and manage client expectations effectively.

d) Providing Value-Added Services

To enhance the client experience, lawyers can offer value-added services such as access to online resources, newsletters, or seminars on relevant legal topics. These services can help clients feel more informed, supported, and engaged with their legal matters.

e) Soliciting Client Feedback

Regularly soliciting client feedback can help lawyers identify areas for improvement and tailor their services accordingly. This can be achieved through client surveys, feedback forms, or informal conversations. Implementing changes based on client feedback demonstrates a commitment to continuous improvement and client satisfaction.

Conclusion

In the fast-paced and competitive world of legal services, customer service can often be a determining factor for client satisfaction and loyalty. By focusing on clear communication, empathy, setting realistic expectations, providing value-added services, and seeking client feedback, lawyers can elevate their customer service and foster long-term relationships with their clients. Ultimately, exceptional customer service can lead to a stronger reputation, increased referrals, and sustained success in the legal industry.

E-commerce Tax Laws in Moldova: What You Need to Know

E-commerce has been growing rapidly in Moldova in recent years, making it an attractive market for online businesses. However, like any other business, e-commerce companies are subject to tax laws and regulations that can be complicated to navigate. In this article, we will discuss what e-commerce tax laws in Moldova you need to know to ensure your business stays compliant with the law.

Value Added Tax (VAT)
Value-added tax (VAT) is a tax on the value added to a product or service at each stage of production or distribution. E-commerce businesses in Moldova are required to register for VAT if their annual turnover exceeds 1 million Moldovan lei (MDL), which is approximately $56,000 USD. If your business is registered for VAT, you are required to charge VAT on your sales and remit it to the Moldovan tax authorities.

Import VAT
Import VAT is a tax levied on goods imported into the country from outside the European Union. If your e-commerce business imports goods into Moldova, you may be required to pay import VAT. The rate of import VAT is the same as the standard VAT rate, which is currently set at 20%.

Corporate Income Tax
In Moldova, e-commerce businesses are subject to a corporate income tax (CIT) on their profits. The standard CIT rate in Moldova is 12%. However, if your business has an annual turnover of less than 1 million MDL, you may be eligible for a reduced CIT rate of 7%.

Personal Income Tax (PIT)
If your e-commerce business hires employees in Moldova, you will be required to withhold and remit personal income tax (PIT) on their salaries. The PIT rate in Moldova is progressive, ranging from 0% to 18%.

Social Security Contributions
In addition to PIT, e-commerce businesses in Moldova are also required to withhold and remit social security contributions on behalf of their employees. The rate of social security contributions is 23% of the employee's gross salary.

Conclusion
Navigating e-commerce tax laws in Moldova can be complex and time-consuming. It is essential to stay up to date with the latest regulations to ensure your business remains compliant with the law. Working with an experienced and knowledgeable e-commerce law firm in Moldova can help you protect your business from potential legal issues related to taxes. They can guide you through the process of registering for VAT, managing import VAT, and complying with corporate income tax, personal income tax, and social security contributions. With their help, you can focus on growing your business while leaving the legal complexities to the experts.

Ciobanu Stanislav
GRATA Moldova