25 Dec 2021

Cybersecurity and public procurement in Poland. Legislative proposal to amend the National Cybersecurity System Act

The National Cybersecurity System Act of 5 July 2018 forms the legal and institutional bases for cybersecurity in Poland. On 12 October 2021, a controversial proposal to amend the act was submitted for consultations. This could have major implications, including for the public procurement market in Poland. The proposal allows a business undertaking to be classified as a high-risk supplier, and this may result in a bid being rejected.

24 Dec 2021

Advertising of dietary supplements – trends in recent case-law in Poland

Administrative authorities and courts are clarifying the scope of health claims considered unacceptable. Health claims are claims that state, suggest or imply that a relationship exists between a food category, a food or one of its constituents, and health. They are used in the labelling, presentation and advertising of dietary supplements. Under EU law (Regulation […]

23 Dec 2021

Is Poland innovative enough?

European Patent Office (EPO) and Polish Patent Office (PPO) statistics show that the answer to the question is Poland innovative Enough should be – “not exactly”. There has been some increase in the number of patent applications from Poland (before the EPO) or in Poland (before the PPO) compared to past years, but we are […]

22 Dec 2021

New legal frameworks of crowdfunding services in Poland

The application of Regulation 2020/1503 from November 10, 2021 means that Poland, like other EU countries, will have provisions that regulate online crowdfunding in an almost comprehensive manner. What form will the provisions of crowdfunding services take in Poland? More about it in the article of trainee attorney-at-law, Associate Michał Słuszniak.

21 Dec 2021

Processing of personal data on the Internet – the Polish regulator’s perspective

Over the last few years, the European Court of Justice has issued a number of important judgments relating to the processing of personal data on the Internet (Wirtschaftsakademie, Fashion ID, and Planet49). The European Data Protection Board has also issued a number of guidelines in this area (for example for processing personal data of social […]

20 Dec 2021

New legislative proposal to amend the National Cybersecurity System Act

A government proposal to amend the National Cybersecurity System Act (CSA) has been published after many weeks of public statements. The proposal is somewhat similar to the proposal for an amendment to the act of last year, which was discussed in our previous international newsletter. However, it contains a range of new solutions not announced […]

17 Dec 2021

New Act on Contractual Advantage, new risks for business

On 23 November, the President signed a new Act on Combating Unfair Use of Contractual Advantage in Trade in Agricultural and Food Products. This a long name, and will mean many changes on the market. These changes will also mean many new dangers.

09 Nov 2021

Registration in the National Court Register Business Register now digitized

As of 1 July 2021, an amendment to the National Court Register Act[1] took effect, aimed at reducing the level of bureaucracy involved in running a business in Poland. The amendment is the next step in the digitization of court registration procedures. It concerns registration procedures in the register of entrepreneurs of the National Court […]

05 Nov 2021

Legal uncertainty over collection of information on vaccination against COVID-19 by employers

Although a significant number of SARS-CoV-2 infections occur in the workplace, there are still no regulations in Poland allowing employers to collect information on their employees’ vaccine status. This creates legal uncertainty for employers. Information on a person’s vaccine status is an element of information on health, and thus is a special category of data […]

02 Nov 2021

BAT Conclusions annulled as a result of Poland’s action – but only formally

On 11 October 2017, Poland filed an action with the CJEU against an EC decision adopting the BAT Conclusions. In a judgment of 27 January 2021, case T-699/17, the General Court annulled the EC’s decision. Did this in fact affect the situation of large combustion plants (LCPs), which were required to comply with the conclusions […]

26 Oct 2021

Body leasing agreements in practice in the Polish IT sector

As it is difficult to find the right specialists on the market, body leasing is an increasingly popular means of finding qualified specialists for specific tasks. This is particularly true of the Polish IT sector. Meanwhile, due to this type of business relationship not being regulated specifically in Polish law, special care is required to […]

19 Oct 2021

Significant changes to Polish reimbursement law are on the way

A proposal for an amendment to the Reimbursement Act was published on 30 June 2021. The bill is currently undergoing public consultations and will be submitted to the Sejm for debate next year. The main changes to reimbursement regulations would concern: inclusion of pharmaceutical companies in the payback mechanism at the point when the reimbursement […]

15 Oct 2021

Amendment to the Broadcasting Act to take effect

On 11 August 2021, the Polish parliament passed legislation amending the Broadcasting Act and Cinematography Act. The amendment is not related to the legislative proposal much publicized in recent months commonly known as Lex TVN, but nonetheless it has major implications for firms across the television market in Poland in the broad sense, including firms […]

13 Oct 2021

New guidelines issued by the President of the Polish Public Procurement Office on tenders for computers for use by contracting authorities

The Polish Public Procurement Office (UZP) has published UZP President guidelines on awarding public contracts for supply of computers. This is a document of technical nature, containing practical tips on drafting documentation in tenders for supply of various types of computers (desk-top computers, portable computers, all-in-one computers, etc.). The document does not form part of […]

IT | Tax law |
11 Oct 2021

Withholding tax on cloud computing services

Withholding tax is tax levied at a fixed rate on certain types of revenue generated in Poland by foreign firms, i.e. firms that do not have their registered seat or management board in Poland. This tax is paid by the Polish firms when they pay the fee. The question is whether the fee paid by […]

01 Jul 2021

Prospective legislative developments concerning electronic service of correspondence in civil litigation cases

The COVID-19 pandemic has prompted a series of legislative initiatives in Poland to begin using new technologies in civil cases in courts. As of the beginning of July 2021, two major legislative changes are envisaged concerning service of court correspondence. The first change is an amendment to the Civil Procedure Code which will come into […]

IT |
29 Jun 2021

Polish Public Procurement Office issues new guidelines on public tenders for IT systems

While public tenders for IT systems are a major part of the public tender market in Poland, the drafting of the relevant tender documentation for conducting procedures of this kind continues to be a source of many problems for contracting authorities. More than ten years ago, in 2009, the President of the Polish Public Procurement […]

23 Jun 2021

Position of the Polish government on a proposal for a Digital Services Act

On 8 April 2021, the Polish government published its position on a bill concerning the Digital Services Act (DSA). The changes proposed by the government include: strengthening the powers of the national digital services coordinator, making implementation of the DSA subject to the jurisdiction of the national regulator as broadly as possible, within the limits […]

15 Jun 2021

New legal situation regarding crowdfunding in Poland

Major changes are envisaged regarding crowdfunding in Poland from autumn this year. As of 10 November 2021, in Poland, as in the other EU countries, Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) […]

08 Jun 2021

Court ruling confirms that an inspection by the DPA cannot be questioned or impeded

The court ruling confirms that the inspected entity cannot question the reasons for the inspection of the DPA or its scope. The Voivodship Administrative Court in Warsaw confirmed the DPA’s decision to impose a fine of PLN 100,000 (around EUR 22,000) on the Surveyor General for preventing the DPA from conducting an inspection at the […]

01 Jun 2021

Restrictions on business activity under COVID-19 rules in Poland

In recent months, many administrative court rulings have been issued which undermine the grounds for legal actions against businesses operating in breach of COVID-19 rules adopted by the government. These rulings, such as a judgment of the Voivodship Administrative Court in Kraków of 12 April, 2021, III SA/Kr 1307/20, usually state that there were no […]

18 May 2021

Vertical restraints under UOKIK scrutiny

Recently there has been a visible surge in the number of antitrust cases regarding various vertical agreements between undertakings on the Polish market. Anticompetitive practices of this kind are often scrutinized by the Polish Office of Competition and Consumer Protection (UOKiK). What these cases have in common is the fact that the restrictions imposed on […]

24 Dec 2021

Protective letters in patent litigation cases

In July 2020, specialist IP courts began operating in Poland, and there are now five specialist IP courts operating in Poland. Only one, the Warsaw Regional Court, is competent to hear patent disputes (patent infringement, finding no patent infringement, proceedings in which an injunction is sought for the duration of patent infringement litigation). In light […]

23 Dec 2021

Influencers under scrutiny by the Office of Competition and Consumer Protection

On 28 September, 2021, the President of Office of Competition and Consumer Protection (“UOKiK”) launched a preliminary inquiry into market influencer activities. UOKiK intends to determine whether activities of entities that post advertising content on social networking sites such as Instagram, Facebook, and TikTok might be misleading for consumers with regard to the way in […]

IT |
22 Dec 2021

Current developments regarding the Common State IT Infrastructure Program (WIIP)

The WIIP program has been operating since 2019, and to date a number of steps have been completed in the program, including introduction of the Cloud Service Provision System (ZUCH), or for example the drafting of the Cloud Cybersecurity Standards. What are the current developments regarding the program? Is the WIIP program applicable to commercial suppliers?

21 Dec 2021

Challenges facing employers in 2022

The coming year will bring a number of new challenges for employers. 1. Polish Deal One of the key changes proposed under the Polish Deal is the increase of the tax-free threshold for income tax to PLN 30 000 for all taxpayers who calculate their tax according to the tax scale. In addition, under the […]

20 Dec 2021

Recommendations of the Ministry of Climate and Environment on cybersecurity for the energy sector

On 15 October 2021, the Ministry of Climate and Environment released recommendations on measures to improve cybersecurity in the energy sector and industry guidelines on incident reporting. The recommendations were drawn up on the basis of art. 42(1)(5) of the National Cybersecurity System Act of 5 July 2018, following consultations with CSIRT NASK, CSIRT GOV, and CSIRT MON, and operators of essential services in the energy sector.

19 Dec 2021

Polish parliament working on the introduction of elements of holding company law

Legislative work is ongoing in the Sejm on a bill amending the Commercial Companies Code to introduce elements of holding company law into the Polish legal system. If the new rules are enacted, this could have a major effect on how companies in international capital grounds operate.

16 Dec 2021

Amendment to waste act signed by president

On 23 November 2021, the President of Poland signed into law the Act of 17 November 2021 amending the Waste Act and certain other acts (Journal of Laws 2021, item 2151). The act implements the European Parliament and Council waste directives.

08 Nov 2021

Amendment to Act on National Cybersecurity System

Even last year, plans were announced to amend the Act of 5 July 2018 on the National Cybersecurity System (CSA), and the first draft of the bill was submitted for public consultations on 7 September 2020. Since then, the envisaged amendment has been revised repeatedly in the course of legislative work, and the final version […]

04 Nov 2021

Polish Deal – planned changes

One of the key changes proposed under the Polish Deal is the increase of the tax-free threshold for income tax to PLN 30 000 for all taxpayers who calculate their tax according to the tax scale. In addition, under the Polish Deal, the second tax threshold will be raised to PLN 120 000, beyond which […]

28 Oct 2021

Incorporation of cloud computing into the banking sector and the outsourcing chain

The rapid expansion of cloud computing services presents new problems concerning compliance with certain legal requirements, especially in the banking sector. Generally applicable polish law, which is presumed to be neutral from the technological point of view, does not directly regulate cloud computing as such. Despite this, regulatory restrictions on the outsourcing chain could be […]

20 Oct 2021

Polish hub of the European initiative Gaia-X launched in Poland

A hub of the European cloud computing technology development project Gaia-X was launched in Poland on 2 September on the second day of the CYBERSEC 2021 conference held in Krynica Zdrój. The Polish arm is to work on developing efficient, competitive and secure data infrastructure in hybrid cloud computing. In Poland, the project is overseen […]

18 Oct 2021

Pretrial hearing in Polish civil procedure

At the end of 2019, Polish civil procedure underwent quite a few changes with which the legislator intended to improve certain aspects of proceedings before common courts. The legislation passed was supposed to reduce both the costs of the proceedings and average duration of cases. However, due to the worldwide pandemic, leading to numerous restrictions, […]

14 Oct 2021

Will the Polish Patent Office operate more quickly than the EUIPO?

This is the objective aspired to according to the premises of an amendment currently being drafted to the Industrial Property Law – procedures are to be handled more quickly and be more applicant-friendly. This is a very interesting prospect, especially as the bill itself is also intended to be passed quickly, as soon as QI […]

12 Oct 2021

Tax treatment when a Polish employee works remotely from a country other than Poland

It is becoming more and more common for employees to perform work remotely from a country other than Poland. This has specific tax consequences with regard to tax treatment of this type of work, of which employers will often not be aware. A factor making analysis of tax treatment especially difficult in this case is […]

02 Jul 2021

Can a court put conclusion of an agreement by a contracting authority on hold pending review of a complaint contesting a National Appeals Chamber ruling?

In Poland, filing a complaint with the KIO concerning the outcome of a tender or the wording of tender documentation (the first instance) is the principal legal remedy. Under the Public Procurement Law of 11 September 2019, a KIO ruling can be contested before the Warsaw Public Procurement Court (second instance). A complaint is not […]

30 Jun 2021

Legal developments concerning medical devices

On 26 May 2021, Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on Medical Devices (MDR) came into force, and this means revolutionary changes in many areas of the medical devices industry. The regulation changes current regulations concerning clinical trials for the most technologically advanced products. It also […]

25 Jun 2021

Notice & take action procedure in the proposal for the Digital Services Act

The regulation on a single digital services market is certainly the most important legislative development affecting the Internet in the last 20 years. One of the main expectations with respect to this initiative was complete regulation of the procedure for reporting and taking down unlawful content in a manner ensuring that a balance is maintained […]

22 Jun 2021

Even faster IPR registration in Poland?

For almost two months now, a fast-track procedure has existed for registration of a trademark or a design with the Polish Patent Office, modelled on the system that operates at the European Union Intellectual Property Office (EUIPO). This mechanism is intended to speed up registration procedures, but there are certain stipulations. The procedure for registration […]

10 Jun 2021

Working remotely in Poland – possible legislative changes

The Polish government has recently published the essentials of a proposal to amend the Polish Labor Code to permanently regulate the issue of performing work remotely. Based on information released by the government, the main legislative changes envisaged are as follows: 1) it will be possible to reach an arrangement regarding working remotely at the […]

03 Jun 2021

Cybersecurity changes envisaged in a proposal for NIS Directive 2

The implementation of the NIS Directive in the Member States led to additional obligations for certain digital service providers, including in areas such as ensuring cybersecurity or incident reporting. After four years, the existing regulations were found to be insufficient, and a proposal for NIS Directive 2 was published, expanding the group of entities concerned […]

25 May 2021

De-materialization of shares in a joint-stock company

As of 1 March 2021, shareholders in joint-stock companies and limited joint-stock partnerships are no longer required to hold share documents embodying their corporate rights. De-materialization of shares constitutes a next step in the process of digitalization of commercial relationships and corporate governance in Poland. On 1 March 2021, an amendment to the Commercial Companies […]