Agnieszka Wachowska

Attorney-at-lawPartner

Bio

Agnieszka is an attorney-at-law with more than ten years’ experience in working on IT projects. At TKP, Agnieszka is part of the TMT practice, and is head of the IT, Telecommunications, and Public Procurement law team. Her practice focus is IT law and new technologies law issues. Since beginning her legal career, she has advised IT sector companies, including state institutions, on IT law and public tenders for IT deliverables and services, and also on cybersecurity and copyright. Agnieszka is also responsible for advising telecommunications operators on their operations and on telecommunications law.

Agnieszka has worked on more than one hundred projects involving drafting and negotiating IT contracts, such as implementation (using Waterfall and Agile models), maintenance and development, hosting, licensing, and SaaS, PaaS and IaaS contracts, or for instance cloud computing contracts. She is experienced in advising on and managing IT contract performance disputes and representing clients in IT court litigation cases. Agnieszka has worked on numerous large and all-embracing IT contract due diligence projects, including verifying the scope of software licensing and options for transfer of software to the cloud. She advises on innovation and IT infrastructure and telecommunications development projects realized using EU funds and state aid, including strategic projects concerning construction and operation of broadband networks.

Agnieszka is an ICT law PIIT expert, and is part of a working group attached to the President of the Public Procurement Office. She played a role, as a representative of the PIIT, in drawing up new recommendations regarding public contracts for IT systems, and is a member and founder of the New Technologies Law Association, made up of lawyers specializing in TMT. She is a member of the New Technologies Law Association IT working group presidium, and the Warsaw Bar Association LegalTech Committee. Agnieszka is a member of ITechLaw and IR Global international lawyer networks, where she is the exclusive TMT representative from Poland.

Agnieszka has been singled out as a TMT lawyer in the prestigious lawyer rankings Chambers and Partners (Up and Coming) and the Legal 500 (Next Generation Partner).

Agnieszka is highly active in training and education and has spoken at prestigious IT and public procurement conferences, including the Advanced Threat Summit and the H@ck Summit, and events organized by Puls Biznesu. Agnieszka lectures on IT law and new technologies law on the Warsaw Bar Association bar examination course, the postgraduate new technologies law course, and on public procurement at the Institute of Law Studies of the Polish Academy of Sciences. She coordinates the student and graduate scheme TKP Academy – Student Program. Agnieszka has authored numerous trade and academic publications.

Agnieszka studied at the Faculty of Law and Administration at the Jagiellonian University, and won a scholarship for the Law and Technology program at Universiteit van Tilburg in the Netherlands. Agnieszka is registered as an attorney-at-law with the Warsaw Bar Association.

She speaks fluent English.


Related news

News 2
18 Mar 2022

Chambers Europe 2022

Traple Konarski Podrecki & Partners has been once again ranked in the Chambers and Partners Europe Guide 2022. We have received recommendation in 3 areas of our expertise and 5 of our lawyers have been recognised in the ranking.
 

12 Apr 2019

Legal 500 EMEA 2019

This year’s edition of the acclaimed Legal 500 EMEA ranking sees Traple Konarski Podrecki & Partners recognised in as many as three areas of practice: Tier 1 for Intellectual property and Tier 2 for both TMT and Competition/antitrust.

Events 2
20 Oct 2022

IR Global Annual Conference

TKP are delighted to attend the 2022 IR Global annual conference on October 22-25, 2022 in Barcelona. During the meeting our Law Firm will be represented by Xawery Konarski, Agnieszka Wachowska, prof. UEK Jan Byrski, PhD hab.

16 Oct 2022

2022 European Conference & 50th Anniversary Celebration

We are looking forward to seeing you on October 19-21 at ITechLaw 2022 European Conference in Zurich. Xawery Konarski will be the moderator of roundtable discussions about Web 3.0. Agnieszka Wachowska is going to take part in the Cybersecurity Insurance Session with the presentation: “Challenges to overcome and legal risks to address when outsourcing cyber security services”. This panel will discuss hot topics around cyber security insurance coverage and outsourcing cyber security services to third parties.

Blog 19
04 Jan 2023

More intense measures by the Polish Public Procurement Office to draw up standards for indexation of fees in public construction work contracts

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.

24 Dec 2022

The Electronic Communications Law implementing the EECC in Poland an increasing likely prospect

On 15 November 2022, the government approved two legislative proposals; the Electronic Communications Law, to harmonize Polish law with the European Electronic Communications Code, and the secondary legislation implementing the Electronic Communications Law. The deadline for implementation of the EECC was 21 December 2020.

04 Nov 2022

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.

27 Oct 2022

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.

04 Aug 2022

Indexation of remuneration in public tender contracts

Changes in prices of materials and raw materials on international markets have a major effect on the Polish public procurement market. The May 2022 consumer price indices published by the Central Statistical Office show an increase in prices of goods and services in May 2022 of 13.9% (prices of goods by 14.9% and services by 10.8%) compared to the same month in the previous year.

03 Aug 2022

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

On 20 June 2022, the Polish Ministry of Culture and National Heritage commenced public consultations on a proposal to amend the Copyright Law of 4 February 1994. The provisions being discussed are intended primarily to transpose Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. Meanwhile, the proposed amendment also includes provisions that may change computer program licensing terms, and this could have significant implications for the Polish IT sector.

02 Aug 2022

Envisaged new rules on cybersecurity – legislative proposal for combating abuses in electronic communication

On 15 June 2022, a proposal for a bill on combating abuses in electronic communication was published on the Government Legislation Centre website. The proposal is intended mainly to combat and counteract cyberthreats such as generation of artificial traffic, smishing, and CLI spoofing. To this end, specific obligations are envisaged under the legislation for telecommunications operators and e-mail providers. Public consultations have been completed and the document is currently undergoing an interdepartmental consultation process.

31 May 2022

Another seventh, new legislative proposal to amend the National Cybersecurity system act

On 25 March 2022, the Government Legislation Centre published what is now the seventh version of a bill amending the National Cybersecurity System Act. The previous version of the bill, of 12 October 2021, caused much controversy among the public – especially proposals regarding the procedure for classifying a hardware or software supplier as a high-risk supplier, and the possibility of instructions being issued as security measures requiring the entities that form the national cybersecurity system to take certain kinds of action.

30 May 2022

The rise of a blockchain-based durable medium. Will it revolutionize customer document management?

While blockchain is mainly perceived as technology that is the foundation for known cryptocurrency, the increasing number of uses in various sectors of the economy in Poland, such as use to comply with the legal obligation to provide information on a durable medium, show that it has much greater potential. The President of the Office of Competition and Consumer Protection (UOKiK) has now expressed approval for this practice, opening the way for providers of this technology to devise solutions of this kind and supply them to a broad range of organizations.

05 Apr 2022

Legal issues regarding low-code/no-code programming solutions

Low-code/no-code platform solutions are currently one of the most rapidly growing IT market segments. As use of this model becomes more widespread, it is the cause of a range of challenges when drafting agreements for implementation or maintenance of systems, and this is due to the specific nature of this approach to constructing software.

22 Mar 2022

Council of the European Union proposals for the NIS2 Directive and CER Directive

In December 2021, the Council of the European Union, of which the presidency was held by Slovenia, reached a consensus on the wording of the NIS2 Directive, due to replace the current NIS Directive (2016/1148) in force since 2016, and the Critical Entity Resilience Directive (CER), due to replace Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European Critical Infrastructures.

18 Mar 2022

Special moment in history for development of artificial intelligence

As January came to an end, a parliamentary process began in the EU concerning the first regulatory framework proposal in history on artificial intelligence. The work gained momentum when further amendments were proposed, among other things to ease a range of provisions relating to high-risk AI system providers. Under the new regulations, the EU is to be the world leader in artificial intelligence.

20 Dec 2021

New legislative proposal to amend the National Cybersecurity System Act

A government proposal to amend the National Cybersecurity System Act (CSA) has been published after many weeks of public statements. The proposal is somewhat similar to the proposal for an amendment to the act of last year, which was discussed in our previous international newsletter. However, it contains a range of new solutions not announced to the public before.  Although a very short timeframe has been set, many comments have been submitted regarding the proposed bill, from business organizations and elsewhere. Government officials have said that the proposal has been submitted to the Government National Security and Defence Committee (KRMBNSO).

08 Nov 2021

Amendment to Act on National Cybersecurity System

Even last year, plans were announced to amend the Act of 5 July 2018 on the National Cybersecurity System (CSA), and the first draft of the bill was submitted for public consultations on 7 September 2020. Since then, the envisaged amendment has been revised repeatedly in the course of legislative work, and the final version of the bill – of 4 March 2021 – is now being reviewed by the Council of Ministers. Although it does not affect the crucial issues regulated in the act, there is a lot of interest in the amendment to the CSA on the part of business, and not only firms on the IT market. The proposed changes are briefly summarized below, while it is still not certain that the proposed changes will be enacted due to the lengthy period of work on the bill.

26 Oct 2021

Body leasing agreements in practice in the Polish IT sector

As it is difficult to find the right specialists on the market, body leasing is an increasingly popular means of finding qualified specialists for specific tasks. This is particularly true of the Polish IT sector. Meanwhile, due to this type of business relationship not being regulated specifically in Polish law, special care is required to protect the parties’ interests when drafting an agreement.

20 Oct 2021

Polish hub of the European initiative Gaia-X launched in Poland

A hub of the European cloud computing technology development project Gaia-X was launched in Poland on 2 September on the second day of the CYBERSEC 2021 conference held in Krynica Zdrój. The Polish arm is to work on developing efficient, competitive and secure data infrastructure in hybrid cloud computing. In Poland, the project is overseen by the Polish Chamber of Information Technology and Telecommunications and the Digital Poland Association.

11 Oct 2021

Withholding tax on cloud computing services

Withholding tax is tax levied at a fixed rate on certain types of revenue generated in Poland by foreign firms, i.e. firms that do not have their registered seat or management board in Poland. This tax is paid by the Polish firms when they pay the fee. The question is whether the fee paid by Polish firms that use cloud computing services of foreign providers is subject to withholding tax.

29 Jun 2021

Polish Public Procurement Office issues new guidelines on public tenders for IT systems

While public tenders for IT systems are a major part of the public tender market in Poland, the drafting of the relevant tender documentation for conducting procedures of this kind continues to be a source of many problems for contracting authorities.

03 Jun 2021

Cybersecurity changes envisaged in a proposal for NIS Directive 2

The implementation of the NIS Directive in the Member States led to additional obligations for certain digital service providers, including in areas such as ensuring cybersecurity or incident reporting. After four years, the existing regulations were found to be insufficient, and a proposal for NIS Directive 2 was published, expanding the group of entities concerned and placing new obligations upon them.

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