The latest issue of the TKP Legal newsletter is now available!

In the April edition, we’ve compiled 9 articles in which our experts discuss current issues across various areas of law. We take a closer look at key matters for businesses, recent regulatory changes, and the practical challenges faced daily by lawyers, entrepreneurs, and management teams.

In this issue:
🔹 Unilateral amendments to subscription service terms
🔹 Subject heading: Amendment to the National Cybersecurity System Act published An intensive period of adjustment to new cybersecurity requirements is about to begin
🔹 Injunction to secure evidence in litigation concerning AI-generated advertising
🔹 Government approves proposal for amendment of the ICT Act
🔹 Commission of the Development and Security of Artificial Intelligence under the Ministry of Digital Affairs – savings at the expense of supervisory independence?
🔹 New laws to be enacted for the wine industry
🔹 Status of DSA implementation in Poland
🔹 In which situations can an importer not be held responsible for spoiled foodstuffs? Major Voivodship Administrative Court (VAC) ruling
🔹 CJEU judgment C-692/23 – public contracts awarded in-house

We invite you to read!

In this issue:

• What’s Next for Pharmacy Advertising After the CJEU Judgment
• Category management under the scrutiny of antitrust authorities
• Proposal for amendment of the Commercial Companies Code (UD152): Another Stage in Organizing the Rules on the Dematerialization of Shares
• Copyright in agreements – an overview of the principles and obligations of the parties
• Bill Implementing the NIS 2 Directive Submitted to the Sejm
• Are Your Agreements Fair?
• Geographical Indications (GIs) for Craft and Industrial Products – a New EU Protection System
• Is the term “dosage” used on dietary supplement packaging misleading to consumers?
• Does the acquisition of green certificates fall under public procurement law?
• Transparency of Real Estate Prices – Amendment to the Developer Act 2025

In this issue:

• AI Act – another wave of obligations within just 2 months. What will change as of 2 August 2025?
• I am party to an anti-competitive agreement. What should I do to avoid a fine?
• AI training and opt-out mechanisms for EU copyright holders – still more questions than answers.
• Changes in the rules on commissioning work to foreigners.
• New EPR concept.
• FiDA Regulation and Financial Secrecy.
• You don’t use – you lose. Obligation to use the trademark.
• Implementation status of the Digital Services Act in Poland.
• Prohibition on the use of health claims for botanicals in advertisements
• Proposed changes in public procurement – new rules for foreign economic operators
• Openness of development real estate prices – amendment to the Development Act 2025

We invite you to read!

In this issue:

• New PKD codes from 1 January 2025.
• Polish DPA bans Meta from processing personal data of two public figures for displaying deepfake ads.
• CJEU: allowance for every hour worked overtime.
• Impact of forthcoming legal changes on the performance of creditworthiness assessments using artificial intelligence.
• EU fight against illegal logging and new obligations for entrepreneurs.
• TDM finally in the Polish law. What does the amendment to the copyright law introduce in this respect?
• The Warsaw Intellectual Property Court has resolved the issue of granting an injunctive relief in a recent high-profile dispute in Europe concerning the infringement and validity of patent EP1845961 for rivaroxabine.
• Permission for the acquisition of real estate in Poland by foreigners.
• Polish Government announces tax changes to reduce use of family foundations for tax optimization.
• The Electronic Communications Law enters into force. What are the new obligations for electronic communication entrepreneurs?

In this issue:

• New preliminary questions to the CJEU concerning the concept of a ‘work’ – practical conclusions.
• Family foundations only for singles? Controversial individual interpretations regarding disbursements from a family foundation established jointly by spouses.
• Deregulation Act – changes for entrepreneurs.
• Publication of a draft law implementing the NIS 2 Directive.
• Whistleblower Protection Act adopted by the Sejm.
• Work on the implementation of the Polish law transposing the Digital Operational Resilience Act (DORA) into Polish legislation.
• Valid reasons for not using trademarks.
• European Media Freedom Act (EMFA): EU’s Weapon in the Fight for Pluralistic and Independent Media?
• A “game-changing” opinion from the CJEU’s Advocate General offers legal perspective on cheat software.
• Changes in food labelling.
• The future of public procurement in the context of the ongoing legislative work on the implementation of NIS 2.

In this issue:

• Coding with AI: navigating copyright in the era of Copilot.
• Severe penalties for collusion in the electronic monitoring equipment market.
• Right of communication to the public of works once again examined by the Court of Justice of the European Union.
• How to implement the NIS 2 Directive? Brief overview of required policies.
• Sector audit plan: how to prepare for the audit carried out by the President of the Polish Personal Data Protection Office (PPDPO)?
• What will change in the labour and migration law? Summary of Q1 2024.
• Implementation of the SUP Directive in Poland in practice review of individual rulings issued by Voivodship Marshals.
• Work on the AI Act. The financial sector’s perspective on artificial intelligence regulations.
• Do online shops need to comply with the Digital Services Act?
• Data Act – will it affect cloud contracts and service provider obligations, and if so, how?
• NGT plants: what future for crop, food, and feed protection in the EU?
• The Public Procurement Office confirmed the possibility of the contracting authority’s possibility to transfer receivables due to a subcontractor.
• A house flip unlike any other, the Epic Flip.

In this issue:

• Will AI vendors defend their clients against IP lawsuits?
• Oversight of lending institutions by the financial supervision authority (KNF)
• User content moderation under the digital services act – 10 key takeaways
• Data Act: new obligations on data access
• Consumer law: AI is reviewing your contract templates online right now
• Is orphan exclusivity a new IP right?
• Exclusion of a foreign contractor from the proceedings
• A planning permit can be obtained in Poland if land to be developed is located within a development zone
• (Non-)obvious assessment of trademarks for medicinal products
• Latest CJEU ruling on rules on remuneration for overtime for employees who work part-time
• The difficult road to revising the Polish system of fair compensation for private copying

In this issue:

• President signs an amendment to the Energy Law
• Limits on a non-compete clause in a franchising agreement: looming risks for franchisors
• Disclosure obligation under art. 19 of Directive (EU) 2019/790 and the proposal for transposing it in Poland
• Measures to improve the legal and institutional climate for businesses in Poland
• Proposal for the new NIST Cybersecurity Framework now revealed
• The European Commission has issued a decision on the adequate level of protection under the EU-US Data Privacy Framework
• Major changes to labor law
• An Act amending Certain Laws to ensure Growth of the Financial Market and Protect Investors on that Market (Warzywniak – the “general store” act)
• Rebranding using Twitter as an example. Will this change work out for the better?
• Penalties for trash-streaming – legislation to combat harmful content online
• The EMA has released official guidance on the protection of personal data and commercially confidential information in the Clinical Trials Information System (CTIS)
• Legislative developments concerning consumer-trader disputes
• IT sector’s recommendations on indexation posted on Public Procurement Office website
• A step closer to perpetual usufruct being abolished in Poland
• The Act on Combating Abuses in Electronic Communication: new obligations for telecommunications operators and e-mail providers
• Less is more? Brief remarks on fraud in court

In this issue:

• The latest version of the Artificial Intelligence Act proposed by the European Parliament redefines AI systems and the way they are classified
• DPA decisions imposing administrative fines annulled
• New obligations for payment service providers under an amendment to the VAT Act
• The Polish legislator plans significant restrictions on the sale and advertising of energy drinks
• What the end of the state of epidemic emergency would mean for CSOs
• When a business party applies for a trademark in bad faith

In this issue:

• ChatGPT in practice: the principal legal issues
• The Sejm has adopted an amendment to the Wind Farm Construction Project Act. Partial liberalisation of the 10 H rule.
• The risks connected with shifting the moment an agreement is concluded: why Amazon is facing fines for breaching consumer rights in Poland
• A new, ninth version of the National Cybersecurity System Act (NCSSA) has been published, introducing stricter obligations for SOCs
• New rules on remote working and sobriety testing enter into force
• Important developments in labor law in 2023
• Financial Information System Act – new regulations in the Polish financial sector
• National Appeals Chamber (KIO) to decide the form for a tender for supply of laptops for fourth-year pupils in Poland

In this issue:

• Wind power to serve local communities
• Tip for doing business in Poland – respect consumer protection rules!
• Privacy issues in new rules on remote work and sobriety checks
• GDPR-like Privacy Reform in Ukraine
• The most important changes employers can expect in 2023
• The Anti-usury Act, new legislation for the lending sector
• The European Parliament gaming resolution – a harbinger of the increase in the public funding for video game production in Poland and the EU?
• Merely providing proof of reputation of a trademark is not sufficient
• The Electronic Communications Law implementing the EECC in Poland an increasing likely prospect
• Digital Services Act – the legal status of implementation in Poland
• New rights and obligations related to the supply of digital content or services in Poland
• Market exclusivity and its increasing relevance for the pharmaceutical industry
• Compensation for pursuing late payments in commercial transactions
• More intense measures by the Polish Public Procurement Office to draw up standards for indexation of fees in public construction work contracts
• Rental of residential properties in 2023
• The agony to come – amendment to the Criminal Code

Special issue of our newsletter is now out! In this issue we are commenting on the legal aspects of NFT: 

• NFTs in copyright
• NFTs and trademark law
• NFTs and court cases
• Can NFTs solve the problem of counterfeiting?
• Investing in players in NFT games
• NFT-Style house (under the roof of Polish law)
• NFTs and cybersecurity