The National Cybersecurity System Act of 5 July 2018 forms the legal and institutional bases for cybersecurity in Poland. On 15 March 2022, another version of the proposed amendment to the act was published on the Government Legislation Centre website. This could have major implications, including for the public procurement market in Poland. The proposal […]
Due to the fact that there is war beyond Poland’s eastern border and inflation in Poland is hitting record highs, it is becoming increasingly difficult to properly execute a public procurement contract. The solution seems to be to adapt contracts to the new reality, but given the restrictive regulations, this is not easy. The President […]
On 26 April 2022, the CJEU Grand Chamber issued a much-awaited judgment in a case brought by Poland concerning article 17 of the DSM Directive. The complaint was rejected on formal grounds with regard to the main plea, which sought annulment of article 17(4), point b and point c in fine of the DSM Directive, […]
A proposal was published in Q I 2022 for a European Parliament and Council regulation on harmonized rules on fair access to and use of data (Data Act) . Will the proposed Data Act affect cloud computing?
The key changes concerning employers include modifying the scope of persons included in the minimum updating obligation to implement the system of internal notifications. Currently, it covers all individuals who perform work for the employer, including self-employed persons and persons working under civil law contracts (both contracts of mandate and contract for the performance of […]
In January 2022, the Polish DPA issued a decision in which it imposed an administrative fine on both a controller (Fortum Marketing and Sales SA) and a processor (Pika sp. z o.o.). The controller was fined over PLN 4,900,000 (around EUR 1,050,000) – the highest fine imposed by the Polish DPA yet – and the […]
On 25 March 2022, the Government Legislation Centre published what is now the seventh version of a bill amending the National Cybersecurity System Act. The previous version of the bill, of 12 October 2021, caused much controversy among the public – especially proposals regarding the procedure for classifying a hardware or software supplier as a […]
While blockchain is mainly perceived as technology that is the foundation for known cryptocurrency, the increasing number of uses in various sectors of the economy in Poland, such as use to comply with the legal obligation to provide information on a durable medium, show that it has much greater potential. The President of the Office […]
On 12 April, a bill amending the Commercial Companies Codewas published in the Polish Journal of Laws. The bill includes rules applicable for activities of holding companies, instruments strengthening the role of supervisory boards as well assimplifying the process of management of capital groups. The growth of the Polish market results in an increased focus […]
In a decision of 19 January 2022, the President of the PDPO placed an administrative fine of PLN 4 911 732 on Fortum Marketing and Sales Polska SA as a controller, and PLN 250 135 on PIKA sp. z o.o. as a processor. In this case, the President of the PDPO imposed the highest fine yet imposed on a controller. This is an important decision both for users of outsourcing services and service providers.
The President of the PDPO has imposed an administrative fine on Santander Bank Polska SA of PLN 545 000 for a breach of article 34(1) of the GDPR. The President of the PDPO stated that a former employee is not a trusted data recipient and that although the persons affected by this breach are not specifically defined, this does not hinder compliance with article 34 of the GDPR.
Banks and entities providing mobile applications should prepare for possible inspections by the Personal Data Protection Office (DPA). We present the scope of potential inspections and tips on how to prepare below. Following the approved sectoral inspections plan, the President of the Personal Data Protection Office intends to perform inspections, primarily in two areas: processing […]
In an act of 14 October 2021 amending the Criminal Code and certain other acts (the “Amendment”) additions have been made to the Public Finances Act of 27 August 2009, introducing a new institution, the Public Register of Agreements, into the Polish legal system. This realizes a proposal that has been made for many years […]
Changes in rules on employment of foreigners. The rules on employing foreigners changed on January 29, 2022, and these changes include: a change to the period for which foreigners will be able to work based on a statement, to 24 months from the current 6 months. a change due to which there are more cases […]
In December 2021, the Council of the European Union, of which the presidency was held by Slovenia, reached a consensus on the wording of the NIS2 Directive, due to replace the current NIS Directive (2016/1148) in force since 2016, and the Critical Entity Resilience Directive (CER), due to replace Council Directive 2008/114/EC of 8 December […]
Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (SUP Directive) was to be transposed into Polish law by 3 July 2021. In December 2021, the government presented the new proposal of an act transposing the […]
Trade in counterfeit goods is a major global issue. It is important to increase public awareness that combating counterfeiting not only demonstrates protection of intellectual property rights; it is often a fight against organized criminal groups. When protection against counterfeit goods can be obtained According to the definition in Polish law, counterfeit trade marks are […]
At the beginning of the year, the President of the Office of Competition and Consumer Protection (UOKiK) announced that he had issued a new decision. There would be nothing unusual about this, as dozens of decisions are issued each year, except that in this instance it was not only a business undertaking that was fined. […]
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.
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 […]
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 […]
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.
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 […]
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 […]
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.
As of 1 July 2021, an amendment to the National Court Register Act 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
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 […]
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 […]
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 […]
Another major change in personal income tax, commonly known as Polish Deal 2.0/Polski Ład 2.0, is due to come into force in Poland as of 1 July 2022. The act is currently being amended due to the poorly conceived system adopted in the first tax reform package, the Polish Deal/Polski Ład, which came into effect […]
On 31 March 2022, the Ministry of Development Funds and Regional Policy submitted a proposal for a Product and Service Accessibility Act (PSAA). The bill is intended to transpose Directive (EU) 2019/882 on the accessibility requirements for products and services (European Accessibility Act). This Directive, and thus the bill, are intended to counter social exclusion […]
The cannabis plant contains many different cannabinoids. The most popular one is THC, (Tetrahydrocannabinol), a substance triggering a narcotic effect. CBD (Cannabidiol) is the second most known cannabinoid identified in cannabis. It is believed not to have negative psychoactive effects and indicates calming effects. As of 2019, clinical research on CBD included studies related among other things […]
There has been a major change to laws regarding advertising of medical devices in Poland due to another Act on Medical Devices being passed, of 7 April 2022. The current rules at EU level have changed in accordance with the adopted premise that more extensive and uniform protection is needed, at least to a minimum […]
Technological progress not only means that companies can provide new and better services; it has a major impact on the labor market in a sector without which there would be no progress – the IT sector. Due to public levies related to employment contracts (taxes and social security) in the Polish IT sector, it is […]
On 24 February 2022, the European Banking Authority (“EBA”) published the Final Report on Guidelines on the limited network exclusion under PSD2 (EBA/GL/2022/02), which are new EBA guidelines on the limited network exclusion (LNE), allowing various service providers that use a limited network to determine whether they can continue to qualify this exception, which entails less stringent regulatory obligations.
According to the European Commission website, The EU taxonomy is a classification system, establishing a list of environmentally sustainable economic activities.. It is aimed at providing entrepreneurs and regulators with definitions of which economic activities can be considered environmentally sustainable. In other words, the taxonomy should be a system which makes it possible to clarify which […]
On 13.04.2022, Commission Implementing Decision 2022/602 (EU) came into force, approving the ISCC EU scheme. This means that in the meaning of the Act on Biocomponents and Liquid Biofuels, the ISCC EU is a recognized certification scheme that guarantees that biocomponents used in liquid fuel production conform to sustainability criteria.
The Polish Competition Authority (UOKiK) has announced the launch of exceptional antimonopoly proceedings against cartel facilitators. The authority claims to have gathered evidence that the undertakings, which are IT providers, facilitated an anticompetitive agreement between pharmaceutical wholesalers by providing them with IT tools. Allegedly, these tools enabled the wholesalers to exchange sensitive business information, for […]
The NSA has issued a judgment on the competence of the President of the PDPO to adjudicate matters concerning incidents that occurred prior to 25 May 2018.
Low-code/no-code platform solutions are currently one of the most rapidly growing IT market segments. As use of this model becomes more widespread, it is the cause of a range of challenges when drafting agreements for implementation or maintenance of systems, and this is due to the specific nature of this approach to constructing software. The […]
Recently the National Broadcasting Council (KRRiT) has published press releases reiterating that entities that provide VoD services are required to register to be placed on the relevant list. Entities performing that service as at 1 November 2021 were required, under an amendment to the Act on Radio and Television Broadcasting, to register by 1 February […]
A large-scale tax reform took effect as of 1 January 2022, named the Polish Deal by the Polish government. Primarily, the aim of the amendment was to increase the tax burden on the middle and upper classes, but the package also contains notable provisions that affect tax treatment of IT sector workers. In practice, in […]
The Polish e-sports market is considered one of the most dynamic in Europe, and Polish players and teams have won the biggest tournaments in the world (e.g. in the Counter-Strike: Global Offensive). Electronic Sport in the Polish Sports Act The Polish legislature has expressly allowed intellectual games to be classified as “sport” in the legal […]
As of the end of June 2022, the provisions relevant to the effects of using conciliation or mediation proceedings as pre-trial dispute settlement instruments will change in Poland. The change will significantly affect those entrepreneurs and other entities conducting economic activity in Poland who would like to first try to settle a dispute amicably while […]
As January came to an end, a parliamentary process began in the EU concerning the first regulatory framework proposal in history on artificial intelligence. The work gained momentum when further amendments were proposed, among other things to ease a range of provisions relating to high-risk AI system providers. Under the new regulations, the EU is […]
Work is in progress on a proposal for an act on clinical trials of medicinal products for human use. The main purpose of the act is to transpose Regulation (EU) No. 536/2014 into Polish law and enforce it. The bill was first published for public consultation in April last year, and as of 17 January […]
The Polish parliament has approved an amendment to the AML Act, introducing a new type of regulated activity into the Polish legal system: provision of services for companies and trusts. The amendment passed by parliament in March 2021 to the AML Act expanded the range of regulated activities, i.e. business activity that can only be […]
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 […]
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 […]
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?
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 […]
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.
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.
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.
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]