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Information Technology

The importance of a qualified electronic signature in the context of copyright transfer in the IT industry

The conclusion of contracts using electronic signatures is a common practice in the IT industry. Parties residing in different parts of the world are able to sign an agreement in a short time. The solutions that technology offers are ecological and convenient. Nevertheless, when using the options supplied by providers of platforms for signing an electronic document, the legal requirements for conclusion of such contracts must be borne in mind.

Fintech

Regulator (KNF) scrutinizes limited network payment instruments

A process is underway to “reauthorize” entries in the Polish Financial Supervision Authority (KNF) register of payment instrument issuers on the basis of the limited network exclusion. This process follows adoption of European Banking Authority (EBA) Guidelines on the limited network exclusion under PSD2

Employment

Recent labor law highlights in Poland

Proposal for an Act on Employment of Foreigners. New application form for a national visa. Amendment of the Law of Labor Unions.

Data protection

The Polish DPA fines a controller for not verifying a processor and for not concluding a data processing agreement

In September, the Polish DPA issued a decision fining a controller (a cultural institution) PLN 2500 for engaging a processor without concluding a data processing agreement in writing and without verifying whether the processor provided sufficient guarantees for the implementation of appropriate technical measures.

Cybersecurity

A new version of the National Cybersecurity System Act close to being passed

On 3 October, 2022, the Government Legislation Centre published what is now the eighth version of a bill amending the National Cybersecurity System Act. The bill does not make any changes to the previously proposed group of entities that form the national cybersecurity system or those entities’ obligations. This group includes electronic communication undertakings and the Financial Supervision Authority, the President of the Office of Electronic Communication, and external SOCs. The new provisions on the national system of cybersecurity certification and instructions issued for security purposes also continue to be applicable.

Corporate

Poland takes another step to make cross-border reorganization of companies easier

On 8 August 2022, a proposal for a bill amending the Commercial Companies Code and certain other acts was published. This act is to transpose EU Directives 2019/2121 and 2019/1151 and to implement the judgment of the Court of Justice of the EU in the case C-106/16 Polbud. Consequently, the aim of the planned legislation is to facilitate cross-border reorganizations of companies within the EU internal market.

Cybersecurity

NFTs and cybersecurity

Like other digital solutions, an NFT (non-fungible token) is exposed to the danger of cyberthreats.

Competition & Antitrust

Conditions for respecting warranties under scrutiny by the Polish Competition Authority

Certain motor vehicle importers who trade in well-known models in Poland have changed their approach toward automobile repairs under warranty as a consequence of the activities of the Polish Competition Authority (UOKiK).

Climate

Polish authorities adopt measures to mitigate effects of energy crisis

Upon the initiative of the Polish government, legislative works are ongoing to adopt measures aiming at mitigating the effects of an increase in energy prices caused by Russia’s aggression against Ukraine.

Litigation

The time limit for undertakings to collect debts to be longer

Public Procurement

Indexation of remuneration in public tender contracts

Information Technology

A legislative proposal to amend the Copyright Law and possible change in computer program licensing rules in the Polish IT sector