Summary:
When conducting their business, companies often encounter situations, in which a business partner gives them an NDA to sign. The NDA is meant as a commitment to honor or safeguard a trade secret that will be uncovered during the course of their business collaboration. Abroad, non-disclosure agreements or NDAs are common in every new business collaboration. But in Slovenia, they were not that common (until recently).

Non-compete clause

Summary:
A non-compete clause contractually prohibits an employee to take part in any competitive business for a certain time period following the termination of an employment relationship and is defined in the provisions of the Workers’ Statute (hereinafter ‘ZDR-1’). With a non-compete clause, the employer and employee agree that the employee will not seek to exercise the same business activity he performed for the employer for a certain time period following the termination of an employment relationship with this employer, or not to use technical, manufacturing or business knowledge and business connections he gained while working for or in connection with his work for this employer. The non-compete clause is regulated by Article 40 paragraph 1 of ZDR-1. Even though the non-compete clause is also regulated by two other articles (Articles 41 and 42 ZDR-1), meaning it is legally pretty accurately defined, some difficulties remain in practice and in my experience it is very hard to realize, especially in the part pertaining to the employee’s rights, if he is unable to secure an income due to obligations under the non-compete clause.
Summary:
The existing legislation on building construction which determines conditions for building all types of buildings foresees lengthy, complicated and irrational procedures to obtain building permits and planning permissions. The new Building Act (GZ). which enters into force on the 1st of June 2018 and will replace the current Act on Building Construction (ZGO-1), extends the definition of a building and introduces faster and more rational procedures to obtain building permits and planning permissions based on formally less extensive documentation, improves the protection of investors and allows more effective oversight.
Summary:
Slovenia is among the countries that have always attached great importance to the traditional concept of family and marriage. The invalid Law on marriage and family relationships, which is still being used, is also based on this view. The latter defines a marriage as a legally regulated partnership of a man and a woman. The provisions of this law, regulating marriage, are mandatory in their nature and with the exception of individual provisions relating to spouse maintenance and management of joint assets, do not allow to freely regulate mutual property relationships between the spouses. By adopting the new Family Code that entered into force on April 15th 2017, but will be used as of April 15th 2019, profound changes have been adopted in the field of property relationships between spouses. The new provisions are optional and are used only if the spouses cannot reach an agreement otherwise.
Summary:
The protection of personal data and it’s processing by external staff Various companies gather large quantities of personal data in connection with their business, which are analyzed for the purposes of their business. The question arises, what happens with this personal data, or what is the company undertaking to adequately protect the personal data and prevent unauthorized people to access it? Usually the company itself protects the personal data it processes, but ever more often it happens that the company outsources another company, which is registered for such activities and meets the requirements as set out it the Personal Data Protection Act, to protect the personal data. In the Republic of Slovenia the legal framework for the protection of personal data is the Personal Data Protection Act, which entered into force in the year 1999 in it’s basic version (ZVOP) and was later substantially amended in 2007. Historically, the need for the protection of privacy has arisen because of various insults, attacks, eavesdropping and the like. The reason that this right was stipulated and enforced in legal systems so late is that the majority of modern violations of privacy, such as wiretapping, eavesdropping with microphones and electronic amplifiers, data collection, sharing and storing information with video cameras, computers etc., only became possible with the rise of new technologies. Before these were invented, an individual had reason to believe that nobody can eavesdrop on him in a private space.
Summary:
On January 18th 2017 the Regulation (EU) No 655/2014 of the European parliament and of the Council establishing a European Account Preservation Order procedure came into effect. The purpose of this regulation is to facilitate cross-border debt recovery in civil and commercial matters. It is used for all debt-recoveries with the exception of rights in property arising out of a matrimonial or non marital relationships, claims arising from wills and succession, claims against debtors that have become insolvent, claims out of social security and claims arising from arbitration agreements. The regulation is a big step forward in securing successful cross-border debt recovery.
Summary:
A company from the area of Celje sued the Republic of Slovenia for damages that arose due to unlawful conduct of one of its public bodies, specifically a certain court, which wrongfully served a lawsuit to a defendant in some other proceeding, which the aforementioned company initiated against it. The defendant in this proceeding was a company from the Republic of Macedonia. The court served the lawsuit to the company from Macedonia directly by post to the Republic of Macedonia, even though the bilateral convention between the Republic of Slovenia and the Republic of Macedonia specifies that court documents should be issued through diplomatic or consular channels. The defending company from Macedonia ignored the court's summon and did not reply to it, which is why the court issued a default judgment, which became final, but the company from the area of Celje could not achieve the recognition and enforcement of the judgment in Macedonia, as the Macedonian court deemed the lawsuit as wrongfully served.

International sales contract

Summary:
Companies that sell or buy raw materials, products or intermediate products on European or other international markets, often encounter the issue of legal regulations regarding sales contracts in their business activities. Contract law varies substantially in countries, with which the company conducts business.
Summary:
Members of management and supervision bodies of companies often encounter situations, when they must make a certain business decision in uncertain circumstances and based on certain assumptions and suppositions. A business decision therefore always carries a certain amount of risk that the decision subsequently turns out to be a bad one, even though in the beginning, it was considered beneficial for the company and was also accepted by members of management and supervision bodies in good faith that the decision will be beneficial for the company. In time of economic crisis the tendency to look for culprits for "bad" business decisions, made in the past, which brought the company financial difficulties, increases. That is why it is so important to separate unlawful conduct of members of management and supervision bodies (not acting in good faith, unlawful personal gain at the company's expense, acting in contradiction to the concepts of duty of care and duty of loyalty etc.) from business decisions that only subsequently turned out to be wrong and harmful for the company. In the latter, management cannot be reproached with unlawful action. If the belief arises, that executives could have made better decisions, this can be cause to replace members of the management and supervision bodies, but it is not cause in itself for their liability for the damages caused.
Summary:
It is a fact that across the EU there are more and more individuals that inherited assets in various countries. In order that these individuals would not have to conduct several different inheritance proceedings in member states, where the assets are located, the EU adopted the Regulation 650/2012 on International Successions that entered into force on the 17th of August 2015. It was adopted on the 4th of July 2012 with the purpose that inheritance regulations of the member states would adapt to the increased mobility of people and capital.