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TKP is one of the largest law firms in Poland. It was founded in 1999 by Elżbieta Traple, Xawery Konarski, and Paweł Podrecki.
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Newsroom
New proposal for amendment of the Act on Copyright and Related Rights and certain other acts published
A new proposal was published today by the Government Legislation Centre for amendment of the Act on Copyright and Related Rights and certain other acts.
The act is intended to implement
The latest on non-terminable software licenses
Standpoints submitted in public consultations on the proposal for amendment of the Act on Copyright and Related Rights have been made public, reaching as many as 66 in number!
The Ministry of Culture and National Heritage has published long-awaited opinions of institutions with a stake in the formulation of this law.
On 15 November, 2022, the government approved a proposal to amend the Electronic Communications Law (PKE)
The principal aim of the PKE is to incorporate the European Electronic Communications Code into the Polish legal system. The deadline for implementing the code was December 2020. Due to Poland still not complying with this obligation, in April 2022 the European Commission brought an action before the CJEU against Poland and nine other countries for not implementing the code.
In addition to harmonization with the European Electronic Communications Code, the PKE is also intended to replace fully the current Telecommunications Law, and this means that the new regulations will cover all aspects of the functioning of the electronic communications market in Poland. Therefore, other electronic communications service providers will be subject to the future laws, in addition to the conventional telecommunications operators.
Work on the act has been going on for more than three years. The first proposal for the PKE was published in July 2020.
The proposal approved by the government last week is now the sixth proposal for implementation of the code. It has not yet been published in full.
Prof. Dr. Jan Byrski, Professor of the Cracow University of Economics, joins the editorial team at "Insurance Law"
We are very pleased to announce that Dr. Jan Byrski, Professor of the Cracow University of Economics, has joined the editorial team at “Insurance Law”. The quarterly was first published in 1994, and addresses legal and economic aspects of commercial insurance and related civil, commercial, financial, and administrative law issues.
Advertising of medical devices and cosmetic surgery - new laws as of January 2023
As of 1 January, 2023, influencers will no longer be able to advertise publicly products intended only for users who are non-laypersons.
A layperson is defined in the act as an individual who does not have any formal qualifications in the relevant area of health care or medicine.
The new rules will apply for instance to specialist equipment such as implants, laser-based products, or even hyaluronic acid.
Up until now, the cosmetic surgery industry has been keen to post information about its services and results on social media. Manufacturers, distributors, and clinics have frequently promoted their services or preparations through celebrities and influencers with a wide audience, giving them discounts or even surgery for free in return.
The laws due to come into force should induce the people concerned to review their business relationships with specific brands – breaches of the law in this respect will lead to severe fines even reaching PLN 2 m.
The full text of the Act on Medical Devices of 7 April, 2022, is available here.
Deadline for switching to new SSCs for data transfer of 27 December, 2022
EC new standard contractual clauses (SCC) for data transfer to third countries were adopted in June 2021. Institutions that transfer personal data to third countries are required to replace the current clauses, based on the old rules, with the new updated templates published by the EC by 27 December, 2022. A range of measures are required for controllers or processors to implement the SCCs correctly, such as selecting the appropriate clause module.
The importance of a qualified electronic signature in the context of copyright transfer in the IT industry
The conclusion of contracts using electronic signatures is a common practice in the IT industry. Parties residing in different parts of the world are able to sign an agreement in a short time. The solutions that technology offers are ecological and convenient. Nevertheless, when using the options supplied by providers of platforms for signing an electronic document, the legal requirements for conclusion of such contracts must be borne in mind.
Regulator (KNF) scrutinizes limited network payment instruments
A process is underway to “reauthorize” entries in the Polish Financial Supervision Authority (KNF) register of payment instrument issuers on the basis of the limited network exclusion. This process follows adoption of European Banking Authority (EBA) Guidelines on the limited network exclusion under PSD2
Recent labor law highlights in Poland
Proposal for an Act on Employment of Foreigners. New application form for a national visa. Amendment of the Law of Labor Unions.
The Polish DPA fines a controller for not verifying a processor and for not concluding a data processing agreement
In September, the Polish DPA issued a decision fining a controller (a cultural institution) PLN 2500 for engaging a processor without concluding a data processing agreement in writing and without verifying whether the processor provided sufficient guarantees for the implementation of appropriate technical measures.
A new version of the National Cybersecurity System Act close to being passed
On 3 October, 2022, the Government Legislation Centre published what is now the eighth version of a bill amending the National Cybersecurity System Act. The bill does not make any changes to the previously proposed group of entities that form the national cybersecurity system or those entities’ obligations. This group includes electronic communication undertakings and the Financial Supervision Authority, the President of the Office of Electronic Communication, and external SOCs. The new provisions on the national system of cybersecurity certification and instructions issued for security purposes also continue to be applicable.
Poland takes another step to make cross-border reorganization of companies easier
On 8 August 2022, a proposal for a bill amending the Commercial Companies Code and certain other acts was published. This act is to transpose EU Directives 2019/2121 and 2019/1151 and to implement the judgment of the Court of Justice of the EU in the case C-106/16 Polbud. Consequently, the aim of the planned legislation is to facilitate cross-border reorganizations of companies within the EU internal market.
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