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Rosenthal Law Firm

Rosenthal Sub Rosa

Your attorney at law

is a person who you trust, who keeps your concerns confidential and helps you overcome legal obstacles in your life and in business.

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Your attorney at law has the skills to listen and structure, manage and solve complicated legal cases. Your attorney at law delivers progressive solutions to legal issues in an entirely professional manner, requiring minimal participation on your part, thus sparing you concerns about legal matters and letting you focus on other priorities.

Your attorney at law is from ROSENTHAL law firm.

The identity of ROSENTHAL law firm is reflected by its slogan “Sub rosa”,a Latin phrase which symbolises the most important values of an attorney at law in his relations with his client: confidentiality and trust.

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Opinions

Residential Tenancy Law - on the procedure of use of the security deposit

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Your attorney at law has the skills to listen and structure, manage and solve complicated legal cases. Your attorney at law delivers progressive solutions to legal issues in an entirely professional manner, requiring minimal participation on your part, thus sparing you concerns about legal matters and letting you focus on other priorities.

Your attorney at law is from ROSENTHAL law firm.

The identity of ROSENTHAL law firm is reflected by its slogan “Sub rosa”,a Latin phrase which symbolises the most important values of an attorney at law in his relations with his client: confidentiality and trust.

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Team
Inese Rozentale
Edgars Ārinieks
Matīss Karlsons
Kristina Daraščonoka
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Areas of practice

Strategic planning and supervision of business transactions /

Litigation and dispute resolution /

Legal support of commercial activities /

Real estate and construction /

Immigration matters /

Labour relations and employment /

Banking transactions /

IT and other technologies /

International trade /

Tax planning /

Sample contracts and procedures /

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Contacts

Address: Republikas laukums 2A, Riga, LV-1010
Office Tel.: +371 67304983
E-mail: info@rosenthal.lv

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Areas of practice

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Strategic planning and supervision of business transactions

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Integrated legal support, which includes the development of the transaction structure, taking into account the desired outcome, the applicable taxes and legal requirements, preparation of contracts and documents, their harmonisation between contractual parties and monitoring of implementation, as well as supervision of public information.Open

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Integrated legal support, which includes the development of the transaction structure, taking into account the desired outcome, the applicable taxes and legal requirements, preparation of contracts and documents, their harmonisation between contractual parties and monitoring of implementation, as well as supervision of public information.

Any new or existing undertaking, whether it is a real estate purchase or sale transaction, construction of an apartment building or factory, export of goods overseas, provision of services abroad or an EU-funded project, requires integrated legal support under the supervision of professionals.

Professional legal support means transaction structuring, preparation and execution in all the relevant aspects of law, including civil, commercial, employment, tax and immigration law.

Are you considering concluding a new deal, developing your field of commercial activity, or modifying or improving an existing business or deal structure? Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Litigation and dispute resolution

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Have you received a letter from the court asking you to provide an explanation in a civil case? Has your property or bank account been frozen? Are you considering instigating legal proceedings in connection with an outstanding debt, unfulfilled contract, losses you have incurred or assets that you have lost?Open

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Have you received a letter from the court asking you to provide an explanation in a civil case? Has your property or bank account been frozen? Are you considering instigating legal proceedings in connection with an outstanding debt, unfulfilled contract, losses you have incurred or assets that you have lost?

ROSENTHAL attorneys at law will assess your litigation prospects and, if necessary, defend your rights and interests in court, offering the best solution to the dispute. We specialise in civil law and administrative law, which may also include submitting constitutional petitions to the Constitutional Court. Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Legal support of commercial activities

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Are you planning to set up a new commercial enterprise or make changes to the composition of the shareholders or board of an existing commercial enterprise? Do you need to increase your equity capital or reorganise or liquidate a commercial enterprise? Perhaps you are thinking about attracting a new business partner (an investor) and you need advice on the most appropriate structure for the relationship?Open

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Are you planning to set up a new commercial enterprise or make changes to the composition of the shareholders or board of an existing commercial enterprise? Do you need to increase your equity capital or reorganise or liquidate a commercial enterprise? Perhaps you are thinking about attracting a new business partner (an investor) and you need advice on the most appropriate structure for the relationship?

ROSENTHAL attorneys at law provide comprehensive legal support in founding new commercial enterprises, societies and foundations, restructuring and reorganizing existing commercial enterprises, attracting investors, buying or selling companies or share capital (stocks) in Latvia or abroad, as well as in insolvency and liquidation matters. We also provide consultations and prepare documents relating to general matters of commercial law: changes in the composition of a council or board, the appointment or dismissal of a company officer, increasing or reducing equity capital, changes in the composition of shareholders and preparation of shareholders’ agreements, organization of stakeholders’ or shareholders’ meetings and preparation of meeting minutes. Legal support may also be required to regulate relationships between business partners or resolve disagreements. We help to establish the most appropriate legal structure for the required results in the relevant area of business, we prepare documents and contracts and we monitor their execution.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Real estate and construction

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Are you planning to sell or buy a building plot, a property, agricultural or industrial buildings or forest land, or enter into a long-term lease agreement? Do you require an agreement for right of use, joint usage or actual division of property between co-owners? Or maybe you are planning to undertake the construction of new apartments or a factory?Open

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Are you planning to sell or buy a building plot, a property, agricultural or industrial buildings or forest land, or enter into a long-term lease agreement? Do you require an agreement for right of use, joint usage or actual division of property between co-owners? Or maybe you are planning to undertake the construction of new apartments or a factory?

In preparing and executing a transaction involving real estate, you may well require legal assistance in relation to the assessment of all legal risks and the development of the most appropriate transaction structure, taking into account the parties involved, any potential property issues and the type of financing. Correct preparation of documents and successful resolution of disagreements are the foundations of successful transactions and construction processes.

ROSENTHAL attorneys at law provide legal support in all matters relating to real estate and construction.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Immigration matters

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Do you require legal support to arrange residency permits for citizens from foreign countries involved in real estate purchases, investments in commercial equity capital or board membership? Do you need assistance in resolving other immigration matters?Open

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Do you require legal support to arrange residency permits for citizens from foreign countries involved in real estate purchases, investments in commercial equity capital or board membership? Do you need assistance in resolving other immigration matters?

Latvia’s immigration laws apply not only to citizens from non-EU countries but also to citizens from other European Union member states who are working in Latvia or who want to relocate here on a permanent basis. Obtaining a visa for a business partner or friend can also entail the need for professional legal support.

ROSENTHAL attorneys at law provide legal assistance in the resolution of various immigration issues, including obtaining visas and residency permits (with or without a work permit).

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Labour relations and employment

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Are you planning to start providing services overseas (e.g. building, assembling, repairing or programming) and to post your employees abroad to do this work? Do you require advice on tracking hours worked, monitoring performance or terminating employment relations? Do you have questions about the interpretation of employment law?Open

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Are you planning to start providing services overseas (e.g. building, assembling, repairing or programming) and to post your employees abroad to do this work? Do you require advice on tracking hours worked, monitoring performance or terminating employment relations? Do you have questions about the interpretation of employment law?

ROSENTHAL attorneys at law offer professional legal advice and prepare contracts and documents relating to various issues involving labour and employment law. In practice, more often than not, even issues such as correctly recording hours worked, organising work or calculating piecework salaries can give rise to a range of questions of a legal nature. However, the situation is more complicated if you have to post employees overseas. In this case, you have to comply not only with Latvian laws but also with the legislation and trade union regulations of the relevant overseas country, which can often differ significantly from the accepted procedures and basic principles of employment relations in Latvia. Posting employees to work abroad directly involves taxation issues in Latvia and abroad, compliance with bilateral and multilateral international conventions, a change in employees’ country of residence for taxation purposes and similar issues, which could pose significant material risks to the successful performance of commercial activities.

The experience accrued by ROSENTHAL attorneys at law over the years in resolving various situations and interpreting and complying with legislative provisions provides the opportunity to recommend creative solutions in each specific case. Matters involving compliance with overseas legislative provisions are coordinated and reviewed in collaboration with attorneys at law from the country concerned.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Banking transactions

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Are you planning to receive funding for construction or commercial activities and you need to enter into a loan agreement with your bank? Do you need to extend the term of your loan, but your bank keeps imposing new requirements? Is your business partner asking for a bank guarantee or do you need a credit reference? Perhaps you need factoring?Open

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Are you planning to receive funding for construction or commercial activities and you need to enter into a loan agreement with your bank? Do you need to extend the term of your loan, but your bank keeps imposing new requirements? Is your business partner asking for a bank guarantee or do you need a credit reference? Perhaps you need factoring?

ROSENTHAL attorneys at law offer professional legal advice on various types of agreements that are made with banks or other financiers. For example, if finance is needed for construction or for the purchase of technological equipment or stocks, the terms and conditions of a credit agreement can be complicated; you may require the assistance of an attorney at law in assessing the legal consequences of the transaction and in conducting negotiations with your bank regarding the terms and conditions of the credit agreement. In particular, transactions with international partners can require a bank guarantee or credit reference. Precise and accurate preparation of the bank guarantee or letter of credit is an important prerequisite for a successful outcome. The text of the bank guarantee is directly related to the main contract and structure of the business undertaking as a whole. Legal assistance to ensure that a transaction is configured correctly can be crucial when it comes to reducing the risks of material losses resulting from a venture that proves to be unsuccessful.

The experience of ROSENTHAL attorneys at law in the banking sector guarantees you competent legal support in concluding agreements with banks. This includes assessment of the terms and conditions offered by your bank, assessment of the structure of the security requested (collateral and surety) and the abilityto recommend rational solutions in each specific case.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

IT and other technologies

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Are you planning to buy a licence for new software, receive cloud services for data storage or order the development of new software? Or perhaps you need to assess the legal risks of providing new IT services or developing and patenting new products or technologies?Open

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Are you planning to buy a licence for new software, receive cloud services for data storage or order the development of new software? Or perhaps you need to assess the legal risks of providing new IT services or developing and patenting new products or technologies?

ROSENTHAL attorneys at law offer professional legal advice and prepare contracts and documents in various fields relating to IT and other technologies. Nowadays, technology changes faster than legislators can adequately react and decide upon the required amendments to regulations. Therefore, technology-related issues are often subject to broad interpretation, which gives rise to the need to assess the legal risks from various angles.

ROSENTHAL attorneys at law offer an integrated assessment and resolution of legal issues relating to development and release of new software, acquisition of new software, provision of new IT services, development and patenting of new products or technologies, and other technology-related activities. Likewise, ROSENTHAL attorneys at law conduct assessments of legal risks and make recommendations in relation to current activities and IT products already in use. Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

International trade

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Are you planning to begin exporting your manufactured products overseas or importing goods to Latvia? Do you want clear and structured information on the legal aspects which affect these operations? Do you need detailed analysis of legislation and other legal aspects or a legal opinion on the optimal organisation of your international trading activities?Open

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Are you planning to begin exporting your manufactured products overseas or importing goods to Latvia? Do you want clear and structured information on the legal aspects which affect these operations? Do you need detailed analysis of legislation and other legal aspects or a legal opinion on the optimal organisation of your international trading activities?

Bank guarantees and letters of credit, carrier liability insurance, application of value added tax, formalities related to posting assembly workers or warranty service contractor employees overseas, taxes and immigration matters, overseas market requirements for the specific product and its packaging. These are just a few of the legal aspects of international trade. ROSENTHAL attorneys at law offer legal assistance with matters relating to international trade, liaising with overseas attorneys at law where necessary.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Tax planning

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Are you planning to perform a sale of assets, or start exporting products or providing services overseas? Are you planning to reorganise or restructure your company or conduct other activities relating to specific taxation conditions?Open

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Are you planning to perform a sale of assets, or start exporting products or providing services overseas? Are you planning to reorganise or restructure your company or conduct other activities relating to specific taxation conditions?

ROSENTHAL attorneys at law offer consultation on issues related to tax planning in Latvia. Similarly, in collaboration with overseas attorneys at law, we offer advice on foreign tax planning.

ROSENTHAL attorneys at law provide legal assistance in relation to taxation and tax calculation for transactions made by Latvian residents and non-residents, as well as legal entities in Latvia, and the assessment of taxation risks relating to those transactions. This allows contractual parties to choose the most appropriate structure for concluding transactions in Latvia or overseas or controlling the performance of transactions that have already been made.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Sample contracts and procedures

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Are you pressed for time when it comes to preparing your company’s sample contracts or drafting your company’s internal procedures, instructions or warrants? Do you require professional assistance in preparing sample contracts in several languages?Open

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Are you pressed for time when it comes to preparing your company’s sample contracts or drafting your company’s internal procedures, instructions or warrants? Do you require professional assistance in preparing sample contracts in several languages?

Sample contracts differ from regular single-use contracts because they must be designed to be reuseable for several agreements between various parties.

The sample contract must ensure the fast and efficient conclusion and execution of business transactions. The rights and duties of the contractual parties must be balanced so as to reduce discussions regarding unfair provisions during the course of negotiation the contract.

ROSENTHAL attorneys at law have developed a special approach to drafting such contracts. If necessary, contracts are concurrently drawn up in several languages.

Write to ROSENTHAL attorneys at law and we’ll arrange a meeting: info@rosenthal.lv

Team

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Inese Rozentale
INESE ROZENTALE
Licensed attorney at law
Edgars Ārinieks
EDGARS ARINIEKS
Lawyer
Matīss Karlsons
MATISS KARLSONS
Lawyer
Kristina Daraščonoka
KRISTINA DARASCONOKA
Secretary-administrator
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Inese Rozentale

INESE ROZENTALE

Licensed attorney at law, sworn advocate and member of the Latvian Bar Association

Founder and partner of “ROSENTHAL” law firm. Over 20 years' experience in the law profession. Until the founding of “ROSENTHAL” law firm in May 2015, she was a partner at one of the leading Baltic law firms. Many years of experience in international financial institutions and in private sector – in manufacturing and trading enterprises as a leading lawyer.

Education:

Master of International and European Law (LL.M) – Riga Graduate School of Law (2002, Latvia);
Bachelor of Jurisprudence in International, European Union and Comparative Law degree – Concordia International University Estonia (2000, Estonia).

Practice areas:

strategic planning and supervision of business transactions, litigation and dispute resolution, legal support of commercial activities, real estate and construction, immigration matters, labour relations and employment, banking transactions, IT and other technologies, international trade, tax planning, sample contracts and procedures.

Languages:

Latvian, English, Russian.

Contact details:

E-mail: inese.rozentale@rosenthal.lv
Mobile Tel.: +371 29437111
Office Tel.: +371 67304933

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Edgars Ārinieks

EDGARS ARINIEKS

Lawyer

Lawyer at the ROSENTHAL law firm. Working as a lawyer since since 2016. Previously worked as a legal assistant in financial technology (FinTech), business consulting and international IT companies.

Education:

Professional Master’s Degree in law “International and European Law” (LL.M), qualification of a lawyer – Riga Graduate School of Law (2020, Latvia);
Professional bachelor’s degree in law, qualification of a legal assistant – School of Business Administration Turiba (2018, Latvia).

Practice areas:

litigation and dispute resolution, legal support of commercial activities, real estate and construction, labour relations and employment, tax planning, sample contracts and procedures.

Languages:

Latvian, English, Russian.

Contact details:

E-mail: edgars.arinieks@rosenthal.lv
Office Tel.: +371 67304933

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Matīss Karlsons

MATISS KARLSONS

Lawyer

Lawyer at the ROSENTHAL law firm. Working as a lawyer since since 2016. Previously worked as a legal assistant in international debt collection enterprises and in the conduct of judicial proceedings.

Education:

Professional Master’s study program in Law – at University of Latvia (currently studying, Latvia);
Bachelor’s degree of Social Sciences in Law – at University of Latvia (2019, Latvia).

Practice areas:

litigation and dispute resolution, legal support of commercial activities, real estate and construction, immigration matters.

Languages:

Latvian, English.

Contact details:

E-mail: matiss.karlsons@rosenthal.lv
Office Tel.: +371 67304933

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Kristina Daraščonoka

KRISTINA DARASCONOKA

Secretary-administrator

Secretary-administrator at the ROSENTHAL law firm.

Education:

Professional Master’s Degree in Human Resources Management - RISEBA University of Business, Arts and Technology (2018, Latvia);
Professional bachelor’s degree in Tourism and Leisure Organisation -School of Business Administration Turiba (2003, Latvia).

Experience:
Experience in drafting and managing documents. Professional experience and knowledge in office management and archival matters. Good interpersonal and communication skills.

Languages:
Latvian, English, Russian, German.

Contacts:
E-mail: kristina.darasconoka@rosenthal.lv
Office Tel.: +371 67304933

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Opinions

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Residential Tenancy Law - on the procedure of use of the security deposit

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30.09.2021

On 17th March 2021, the Parliament (the Saeima) of the Republic of Latvia, passed the long-awaited Residential Tenancy Law that became effective on 1st May 2021. The Residential Tenancy Law was passed to improve the balance between the interests of the renter and the tenant.Open

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On 17th March 2021, the Parliament (the Saeima) of the Republic of Latvia, passed the long-awaited Residential Tenancy Law that became effective on 1st May 2021. The Residential Tenancy Law was passed to improve the balance between the interests of the renter and the tenant.

After reviewing the new Residential Tenancy Law, it can be concluded that it has several positive changes that balance the legal interests of the renter and the tenant. However, several provisions of the new Residential Tenancy Law are disappointing, because they replace the positive provisions of the old law “On Residential Tenancy” that were in force for a long time.

The first positive provision of the law “On Residential Tenancy” that was not included in the new Residential Tenancy Law, is related to the amount of the security deposit. Section 12 of the new Residential Tenancy Law provides that the renter, upon signing a contract on the rent of residential premises, is entitled to request the tenant to pay a security deposit to ensure the fulfilment of the contract on the rent of the residential premises. The security deposit cannot exceed two-months’ rent. Section 121, Paragraph One of the old law “On Residential Tenancy” provided that the renter is entitled to request the tenant to pay a security deposit to ensure the fulfilment of the contract on the rent of residential premises, and the amount of the security deposit was not limited by law.

The law “On Residential Tenancy” did not stipulate the amount of the security deposit. Therefore, the parties, upon signing a contract on the rent of residential premises, were entitled to exercise the advantages provided by the principle of private autonomy, namely, agree upon the amount of the security deposit. This provision of the old law “On Residential Tenancy” not only protected the interests of the renter, but also those of the tenant, especially in cases where the tenant encountered financial difficulties.

Another positive provision of the law “On Residential Tenancy” that was not included in the new Residential Tenancy Law is in regard to the procedure of use of the security deposit. Section 12, Paragraph Two of the new Residential Tenancy Law provides that the renter, upon the expiration of the contract on the rent of residential premises, is entitled to use the security deposit to cover delayed payments provided in the contract on the rent of residential premises. Section 8 of the Residential Tenancy Law provides that the contract on the rent of residential premises shall include the amount of the rent and the amount of fees for the services related to the use of the residential premises.

Based on the provisions of Section 8 and 12 of the new Residential Tenancy Law, it can be concluded that the renter is only entitled to use the security deposit to cover the delayed payments provided in the contract on the rent of residential premises, but not to cover damage caused to the residential premises or the renter’s property located in the premises. Section 121 of the old law “On Residential Tenancy” provided that the renter was entitled to use the security deposit to compensate damages.

After a general assessment of the concept of the security deposit included in the Residential Tenancy Law, it can be concluded that the legislator has tried to protect the legal interests of the tenant more, thereby protecting the tenant against an unreasonably high security deposit and unjustified use of the security deposit. The concept of the security deposit included in the new Residential Tenancy Law does not protect the interests of the renter, if the tenant has caused damage to the premises or the renter’s property. This can lead to a situation where other means of protection will be used, for example, guarantor’s institute, which may complicate the process of conclusion of the contract on the rent of residential premises for the tenant.

Court hearings on MS Teams platform

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30.09.2021

During the COVID-19 pandemic, the courts of the Republic of Latvia have used the MS Teams platform successfully. The MS Teams platform is used in cases of open hearings, and the parties to the case, in the cases provided by the law, do not have any objective obstacles to participate at the court hearing using the available technological means. On the one hand, the health of the parties to the case is protected, and on the other hand, the continuity of the operations of the courts of the Republic of Latvia and compliance with the procedural rights of the parties to the case are ensured. Open

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During the COVID-19 pandemic, the courts of the Republic of Latvia have used the MS Teams platform successfully. The MS Teams platform is used in cases of open hearings, and the parties to the case, in the cases provided by the law, do not have any objective obstacles to participate at the court hearing using the available technological means. On the one hand, the health of the parties to the case is protected, and on the other hand, the continuity of the operations of the courts of the Republic of Latvia and compliance with the procedural rights of the parties to the case are ensured.

This innovation in the operations of the courts of the Republic of Latvia is a positive one and it provides a positive perspective in regard to the implementation of technological solutions in court proceedings after the COVID-19 pandemic.

The use of modern technologies allows the parties to the case and witnesses, as well as lawyers, to participate at the court hearing.

The lawyers can participate at remote court hearings from their offices without wasting time getting to the court premises. The implementation of remote court hearings after COVID-19 would be especially important in the context of regulating the workload of courts, when cases are filed for adjudication to the court in another city. The implementation of remote court hearings can also improve the efficiency of proceedings and reduce the time necessary for adjudicating the cases.

However, remote court hearings cannot completely replace hearings held in the premises of the court. Especially in cases when there is a large amount of written evidence. Court cases are stored on paper and the simultaneous review of these materials by the court and parties to the case is not currently provided in remote court hearings. 

Undisputed compulsory enforcement of liabilities in the case of a cash loan

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30.09.2021

Nowadays, many natural persons and legal entities face the situation where they have lent money to a natural person or legal entity for a certain period, but the borrower has not repaid the money within the term provided in the loan contract. In this situation, the lender is forced to file a claim to the court on debt collection. In many cases, the collection procedure is time-consuming and expensive, because it involves different expenses: 1) preparation of the claim application; 2) state duties; 3) remuneration to lawyers for representation at court; and 4) other expenses related to the litigation and collection procedure. Open

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Nowadays, many natural persons and legal entities face the situation where they have lent money to a natural person or legal entity for a certain period, but the borrower has not repaid the money within the term provided in the loan contract. In this situation, the lender is forced to file a claim to the court on debt collection. In many cases, the collection procedure is time-consuming and expensive, because it involves different expenses: 1) preparation of the claim application; 2) state duties; 3) remuneration to lawyers for representation at court; and 4) other expenses related to the litigation and collection procedure.

In practice, it is possible to avoid the litigation procedure on debt collection, if the loan contract is concluded as a notarial deed. The lender can submit the loan contract executed as a notarial deed with a Sworn Notary to the Sworn Notary for compulsory enforcement within one year from the date of loan repayment provided in the loan contract. Namely, the Sworn Notary, based on the lender’s application, prepares a notarial execution deed that can be submitted to the Sworn Bailiff to start compulsory enforcement against the debtor. Debt collection does not require a court ruling. If the loan contract (as a notarial deed) is not submitted for compulsory enforcement to the Sworn Notary within the above term of one year, the lender shall request debt collection in court in line with the general civil procedure.

In order to ensure efficient debt collection from the debtor and avoid time-consuming litigation, the loan contract shall be concluded in the form of a notarial deed (i.e., they should be signed with the Sworn Notary). Due to the need to prepare a notarial deed and the involvement of the notary, additional expenses are incurred upon signing the loan contract. However, the expenses are smaller than those in the case of time-consuming litigation. Expenses for signing a loan contract in the form of a notarial deed are as follows: a) preparation of a notarial deed for a transaction is 0.5% of the transactional amount, but not less than EUR 80; b) preparation of a notarial execution deed is 50% of the notarial fee referred to in Clause A, and the calculation is based on the amount to be collected.

Data transfer from the European Union to the United Kingdom

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29.09.2021

The recent developments in the relationship between the European Union and the United Kingdom that resulted in Brexit, and as a result of which the United Kingdom left the European Union, cannot be overlooked. Brexit has caused discussions about data protection and their transfer from the European Union to the United Kingdom and vice versa. The matter of data protection and data transfer can to a great extent impact not only trade and financial companies from the United Kingdom, but also companies from the European Union, because they have close links regarding commercial activity.Open

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The recent developments in the relationship between the European Union and the United Kingdom that resulted in Brexit, and as a result of which the United Kingdom left the European Union, cannot be overlooked. Brexit has caused discussions about data protection and their transfer from the European Union to the United Kingdom and vice versa. The matter of data protection and data transfer can to a great extent impact not only trade and financial companies from the United Kingdom, but also companies from the European Union, because they have close links regarding commercial activity.

On 19th February 2021, the European Commission initiated the process to pass two adequacy decisions for transfers of personal data to the United Kingdom, under the General Data Protection Regulation and the Law Enforcement Directive on data transfers to the United Kingdom. The passing of both decisions “on adequate data protection” includes an opinion from the European Data Protection Board and approval of the committee that consists of the representatives of the EU Member States in the European Council.

On 28th June 2021, the European Commission passed “Decision on the adequate protection of personal data by the United Kingdom – General Data Protection Regulation” and “Decision on the adequate protection of personal data by the United Kingdom: Law Enforcement Directive” on data transfers to the United Kingdom. The decisions on adequate data protection improve the proper implementation of the Trade and Cooperation Agreement signed between the European Union and the United Kingdom that stipulates the exchange of personal data, for example, for cooperation in court cases, the provision of services between the European Union and United Kingdom, etc.

After the passing of the above decisions, the data protection system of the United Kingdom is still based on the same rules and regulations that were effective when the United Kingdom was a Member State of the European Union. Since Brexit, the United Kingdom has completely included the necessary principles, rights and obligations of the General Data Protection Regulation and the Law Enforcement Directive in its legal system.

Both decisions are in force for four years, starting as of the day of passing, i.e., until 28th June 2025.

Remote notarial services

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29.09.2021

Starting from 1st July 2018, it has been possible to visit the Sworn Notary remotely on the website of the Latvian Sworn Notaries www.latvijasnotars.lv, however, despite this fact, people mainly chose to visit the Sworn Notary at their place of practice to attest their identity.Open

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Starting from 1st July 2018, it has been possible to visit the Sworn Notary remotely on the website of the Latvian Sworn Notaries www.latvijasnotars.lv, however, despite this fact, people mainly chose to visit the Sworn Notary at their place of practice to attest their identity.

When the COVID-19 pandemic started, the restrictions related to it forced many people to change their habits in different areas and organise their work remotely. The data summarised for 2020 show that the majority of people still visit Sworn Notaries at their places of practice, because the number of services provided by Sworn Notaries remotely during the COVID-19 pandemic has only increased by 0.6% out of the notarial operations conducted over the year (source: https://www.latvijasnotars.lv/articles/notaru-dienas-2021-tiessaist). Regardless of the fact that the above data demonstrate that remote visits to Sworn Notaries have not become popular, it can be concluded that the number of people who use the electronic environment has increased. It is demonstrated by the statistical data providing that in January 2021, eParaksts mobile was received by the same number of people who received it in the first six months of 2019. Moreover, in 2020, the number of times when eParaksts mobile was used to attest the e-Identity doubled. The total number of users of eParaksts mobile in January 2021 exceeded 100,000 people.

Considering the interest of people in the eParaksts mobile app, starting from 15th  February 2021, Latvian Sworn Notaries have started to issue eParaksts to people, ensuring that when people visit the Sworn Notary, they can conclude a contract on the use of eParaksts mobile that is required to use a secure digital signature.

Without a doubt, people will still choose to visit the Sworn Notary at their place of practice, and remote notarial services will not replace the usual face-to-face consultation. However, by simplifying the receipt of a modern and secure digital tool, not only is the number of remote visits to Sworn Notaries increased, but there is a general increase in the number of people using the digital environment. The use of modern technologies simplifies life and releases us from different burdens, helping in daily activities, the exchange of information and solving important matters.

Contacts

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Address: Republikas laukums 2A, Riga, LV-1010
Office Tel.: +371 67304983
E-mail: info@rosenthal.lv

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