Author: Dr. Ákos Kékuti
The provisions of the Act LXXVII of 2013 on Adult Education (Adult Education Act), which will enter into force on 1 September 2020, mean significant additional obligations for adult education organisers, especially regarding the notification and the related data providing obligations.
Adult education activity may only be carried out by notification from 1 September 2020.
According to the Adult Education Act, all legal person, organisation with legal capacity, private entrepreneur or other natural person persons engaged in economic activities may be considered as an adult education organiser, i.e. the qualification of adult education organisers does not depend on the activity or the industrial sector of the given legal or natural person. Therefore, only the nature of the training or course performed thereby may constitute the ground of the classification.
If the given training or courses are aimed to an organised and targeted competence development and competence improvement and implemented in on organised manner, then the activity shall be notified, as well as the data on the participants specified in the act shall be provided to the adult education authority.
Based on the interpretation of the – rather broad and vague – definition of the law, especially the topic, thematic, the goal to be achieved by the courses shall be defined, with the help of which it may be identified whether the given activity (e.g. courses, workshop, presentation) shall be notified or not.
We emphasize that the internal courses are also covered by the law, i.e. courses provided to employees by the employer – should they meet the above requirements – shall be also notified to the authority.
Under the Adult Education Act, adult education contract shall be always concluded with the participants. It is also important that the adult education contract shall only be concluded in writing in case of adult education activities requiring a permit, however, there is no ‘written’ clause in case of activities requiring a notification. Notwithstanding, the existence of the contract with the regulated content shall be certified during a potential official audit.
In order to comply with the data protection legislation, simultaneously with the signing of the contract, the participants shall be informed about the process of their personal data and the obligation of data providing to the authority.
We kindly draw our Client’s attention to provide special caution, as if the adult education organiser does not comply with the provisions of the legislation, the authority prohibits the adult education activity and impose fine.
The information above possesses exclusively informative nature, for further details we kindly ask you to contact our Firm.