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.
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.
Public procurement contracts are subject to several important limitations on freedom of contract. This gives rise to the need to take a case-by-case look at certain contractual issues which are known under the provisions of the Civil Code (CC) , but should be interpreted taking into account the wording and purpose of the regulations of the Public Procurement Law (PPL) . Such issues include the transfer of claims from the remuneration for the performance of the contract, the securing of this remuneration or the possibility of assuming a debt in the form of an obligation to perform the contract.
Under article 439 of the Public Procurement Law, where public procurement agreements are concluded for a term exceeding six months, a contracting authority is required to specify the rules on adjustment (indexation) of a contractor’s fee if prices of materials or costs of performance of the contract increase.
