The Public Procurement Office has recently published a set of sample indexation clauses drawn up by IT sector organizations on its website. This is a document intended primarily as an aid for contracting authorities, as they have an obligation to include these clauses in public tender agreements.

Work on a Polish legislative proposal for transposition of the Directive on copyright and related rights in the Digital Single Market (Directive 2019/790)[1] is still at an early stage, even though the deadline for transposition has passed. As the process to enact the legislation proceeds, this is a good time to look at the proposal for the provisions that realize the transparency obligation (art. 19 of the Directive). The new rules will have a major impact on the relationship between holders of economic copyright and those making use of it.

New civil law procedure regulations that entered into force on 1 July, 2023, include changes to rules regarding consumer-trader litigation. This amendment could have a major impact on foreign enterprises operating in Poland, if a consumer takes legal action against them in Poland, or if the enterprise pursues claims in Poland against a consumer.

On 25 August 2023, the Act on Combating Abuses in Electronic Communication (CAECA) was published in the Polish Journal of Laws. While the act was enacted in full over a long period (starting on the next day after promulgation and continuing for twelve months from the day it took effect), the obligations under the new legislation will mostly begin to apply from 25 September 2023.

Fraud might be expected to occur in a bank rather than in a court and the average business enterprise will rarely suspect that it could fall victim to fraud in court. This mistake could cost them dearly.

Work is underway on a government proposal to amend certain acts to improve the legal and institutional climate for businesses. The new legislation is intended to aid in the conducting of business in Poland by simplifying the applicable procedures and requirements. In addition to changes to administrative and civil procedures to promote alternative dispute resolution, the act introduces a range of solutions strictly related to conducting business in Poland.

Perpetual usufruct is title to use state-owned or local-government-owned real estate. The owner grants perpetual usufruct of the property for a period that is usually 99 years, for an annual fee. The annual fee for perpetual usufruct is laid down in law, and is between 0.3 – 3% of the price of the real estate, depending on the purpose for which perpetual usufruct is granted.

It is compulsory to use the Clinical Trials Information System (CTIS) when filing any new applications for clinical trials from 31 January 2023. The CTIS is a website designed for the implementation of Regulation 536/2014 on clinical trials. Although the regulation was adopted almost ten years ago, there is still uncertainty surrounding the implementation of the regulation’s requirements concerning greater transparency of clinical trials and, in particular, the scope of information to be published in the CTIS.

In midsummer, a new legislative proposal concerning franchising agreements emerged, causing concern for many franchisors. Although some of the most controversial ideas were dropped, the final version of the bill does not seem to recognize the risks involved in limiting the use of non-compete clauses in such agreements.