Blog

Copyright

Right of communication to the public of works once again examined by the Court of Justice of the European Union

CJEU Advocate General Maciej Szpunar delivered an opinion on 22 February 2024 in case C-135/23 concerning the interpretation of the concept of “communication to the public” of works.

Information Technology

Coding with AI: Navigating copyright in the era of Copilot

In the age of widespread artificial intelligence (AI) integration, over 90% of programmers now utilize AI tools such as ChatGPT, Microsoft Copilot, or Github Copilot in their software development workflows. Simultaneously, legal debates persist regarding the copyright implications related to content produced using AI, which has significant ramifications. Determining whether software elements created using AI qualify for copyright protection profoundly impacts licensing and copyright transfer, affecting IT solution providers, buyers, employees, and contractors alike.

Competition & Antitrust

Severe penalties for collusion in the electronic monitoring equipment market

The President of the Office for Competition and Consumer Protection (UOKiK) announced the imposition of fines amounting to more than PLN 37 million for alleged price collusion and market sharing. The importer of a well-known brand of electronic monitoring equipment, several of its distributors, and seven managers were sanctioned.

Life Science & Healthcare

NGT plants: what future for crop, food, and feed protection in the EU?

The European Union is in the process of drawing up a regulation on plants and foods obtained through the so-called new genome techniques (NGT). According to the proposed new regulation, NGT plants are those obtained through specific genetic modifications: guided mutagenesis, cisgenesis or a combination thereof.

Cybersecurity

How to implement the NIS 2 Directive? Brief overview of required policies

The deadline for the implementation of NIS 2 Directive (17 October 2024) is just over six months away. It is therefore a good idea to start preparations now, including verify whether the organisation has policies and procedures in place to ensure compliance with the new regulation.

Information Technology

Data Act – will it affect cloud contracts and service provider obligations, and if so, how?

On 11 January 2024, the Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (the so-called Data Act)[1] entered into force. Will the provisions of the Data Act affect cloud contracts and the obligations of data processing service providers, and if so, how?

Real estate, construction projects and reprivatization

A house flip unlike any other, the Epic Flip

Flipping is a very popular way of investing in real estate, in which a property is purchased on the secondary or primary market (usually for a good price), renovated to increase its value, and then sold for a profit. Usually, flipping comes down to buying full ownership of the property. Meanwhile, an idea for an alternative form of house flip which departs from the standard procedure has appeared on the Polish real estate market, named an Epic Flip by the originator.

Public Procurement

The Public Procurement Office confirmed the possibility of the contracting authority's possibility to transfer receivables due to a subcontractor

Data protection

Sector audit plan: How to prepare for the audit carried out by the President of the PPDPO?

The President of the Polish Personal Data Protection Office has published the annual sector audit plan for 2024. Entities processing personal data using Internet (web) applications and private entities in the extent of fulfilling information obligations under Articles 13-14 of the GDPR should be prepared for the audit.

Copyright

Right of communication to the public of works once again examined by the Court of Justice of the European Union

CJEU Advocate General Maciej Szpunar delivered an opinion on 22 February 2024 in case C-135/23 concerning the interpretation of the concept of “communication to the public” of works. One of the challenges faced by the Advocate General was to clarify the meaning of this concept in line with the extensive CJEU case law related to this legal institution.

Internet & Media

Do online shops need to comply with the Digital Services Act?

The EU Digital Services Act (DSA) came into force on 17 February 2024. One of the key objectives of the new legislation is to ensure greater transparency in the area of online services, as well as to better protect users of such services.

Fintech

Work on the AI Act. The financial sector's perspective on artificial intelligence regulations

At the end of 2023, European Union bodies concluded trilogue negotiations on the draft Artificial Intelligence Act (AI Act) . Representatives from the European Commission, the European Parliament and the Council reached an agreement on the AI Act, the aim of which is to ensure the protection of fundamental rights, democracy and the rule of law in relation to the use of AI solutions within the European Union, while boosting innovation and making Europe a leader in the field of AI.