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.

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.

Real estate, construction projects and reprivatization

“Epic flip” at 44 Złota Street in Warsaw – not so epic, after all?

At the end of 2023, a piece of news was picked up by the media, stirring up a storm in social networks, regarding the “Epic Flip” – a new project by Rafał Zaorski, a well-known financial speculator.

Obowiązki związane z korzystaniem z podwykonawstwa w zamówieniach publicznych.
Public Procurement

Requirements applicable when subcontracting in a public tender

A crucial determination to be made prior to submitting a bid in a public tender is the available resources of the contractor concerned. This will require a precise examination of the contractor’s capacity to perform the tender contract properly, in view of their organizational and technical resources.