In the intense debate over the growth of artificial intelligence (AI), the system most talked about recently is ChatGPT. Until recently, the technology used in ChatGPT was considered an interesting fact, while now it has suddenly and spectacularly become part of daily life – and commerce as well.
On October 19, 2022, one of the most important pieces of Internet legislation in the last two decades, the Digital Services Act, was passed. The DSA went into effect on November 16, 2022. The vast majority of its provisions will be effective as of February 17, 2024 (Article 93(2)). The implementation of the DSA will require European Union countries to enact legislation that defines the competencies of bodies that act as Digital Services Coordinators, responsible for overseeing the enforcement of the DSA (Article 49).
On May 18, 2023, the President signed into an act of 14 April, 2023, amending the VAT Act and certain other acts. Individual payment service providers involved in cross-border transactions will be subject to a reporting obligation as of 1 January, 2024. This will be an obligation to declare certain cross-border transactions to the Central Electronic System of Payment Information (CESOP), which is managed by the European Commission.
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).
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).
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”.
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.
