Oversight of lending institutions by the Financial Supervision Authority (KNF)

As of the new calendar year, lending institutions will be subject to Financial Supervision Authority (KNF) institutional oversight, and the respective legislative changes stem from the Anti-usury Act . On one hand, the Anti-usury Act imposes a range of new obligations on lending institutions, while on the other it gives the KNF tough oversight powers that extend far beyond the current power to keep a register of lending institutions and formally examine eligibility for registration. This article will focus on the major amendments to the Consumer Credit Act (UKK) that will soon affect or already affect the Polish lending sector, taking into consideration as well the recently adopted new EU Consumer Credit Directive (CCD2).

Internet & Media

User Content Moderation under the Digital Services Act – 10 key takeaways

One of the main objectives of adoption of the EU Regulation – the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers. On the one hand, the DSA defines the procedure for and consequences of moderating or not moderating content, while on the other hand it also lays down the rights of users when their content is moderated. The fulfillment of these requirements has direct implications firstly with respect to the possible civil or criminal liability of intermediary service providers for distributing others’ content of an illegal or harmful nature, and secondly with respect to administrative liability under the Digital Services Act (e. g. a financial penalty imposed by the Digital Services Coordinator under Article 52(3) of the DSA).

Data protection

The Digital Services Act (DSA) and combating disinformation – 10 key takeaways

The scale of online disinformation is widely considered to be one of the most important challenges in terms of providing users with a “safe, predictable, and trusted online environment”.

Public Procurement

IT sector’s recommendations on indexation posted on Public Procurement Office website

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.


Disclosure obligation under art. 19 of Directive (EU) 2019/790 and the proposal for transposing it in Poland

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.


Legislative developments concerning consumer-trader disputes

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.


The Act on Combating Abuses in Electronic Communication: new obligations for telecommunications operators and e-mail providers

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.

White-collar crime

Less is more? Brief remarks on fraud in court.

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.


Measures to improve the legal and institutional climate for businesses in Poland

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.


President signs amendment to the energy law

Real estate, construction projects and reprivatization

A step closer to perpetual usufruct being abolished 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.

Life Science

The EMA has released official guidance on the protection of personal data and commercially confidential information in the Clinical Trials Information System (CTIS)

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.