A management board may be punished by having their business closed down
The new act on liability of collective entities provides for winding up of a company and a takeover of its assets and shareholders rights by the State in the event of serious infringements. For more details please see today’s issue of Dziennik Gazeta Prawna.
The limitation periods will be shortened
Pursuant to an amendment of the Civil Code adopted by the Polish Senate, the limitation periods for pecuniary claims shall be reduced from 10 to 6 years. Changes adopted at the same time in the civil procedure shall include i.a. a requirement to indicate a claim’s due date already in a lawsuit. More on lex.pl
RODO – BĘDZIE TRUDNIEJ… CZY MOŻE JEDNAK ŁATWIEJ?read
RODO in 10 (not necessarily easy) steps
Greater protection of company’s secrets
A draft amendment to the Act on Combating Unfair Competition has been submitted to the Sejm. Acquiring someone else’s information constituting the company’s secret will be considered as an act of unfair competition. At the same time, the requirements necessary to obtain legal protection by the entrepreneur will increase. More on this topic in Puls Biznesu
RODO: when small and medium entrepreneurs have to keep a record of processing activities
The General Inspector of Personal Data (GIODO) informed that entrepreneurs who employ fewer than 250 people will not be exempted from the obligation to keep a register of processing activities within the RODO, if processing will cause a risk of violating the rights or freedoms of natural persons, will not be sporadic or will cover specific categories of personal data, or personal data regarding convictions and criminal offences. #rodo #theprotectionofpersonaldata. More in today’s Rzeczpospolita
Thanks to RODO cameras in companies will be legal
The issues of video monitoring in the workplace will be regulated by the amendment of the Act on the Protection of Personal Data adopted by the Parliament. The changes are aimed at adapting Polish regulations to the EU Regulation #RODO. Rzeczpospolita writes more on the principles of using cameras in the workplace and planned further changes in the labour code. More in Rzeczpospolita
Tool for creditors
The government finishes work on the draft law on the National Register of Indebted Persons. The electronisation of bankruptcy and restructuring proceedings is to facilitate their conduct and reduce costs. We read in the Puls of Biznes that there will be entities in the system against which bankruptcy was declared, only those at risk of insolvency and those against which ineffective execution was carried out. # debts # bankruptcy #restructuring #thenational registerofindebtedpersons
HSBC carried out the first blockchain transaction
Reuters informed that HSBC Holdings and the Dutch ING carried out the world’s first blockchain transaction. Vivek Ramachandran, the head of innovation and growth at HSBC, argues that thanks to #blockchain, financial transactions can be simpler, faster, more transparent and safer. More information in today’s edition of Puls Biznesu.
New labor code: full-time employment instead of a civil law contract
The Labor Law Codification Commission finishes work on two projects of new codes: individual and collective labor law. Officially, the work will end on 14th March. “Rzeczpospolita” discusses the details of controversial changes regarding the change of treatment of self-employed workers.
Changes in the scope of limitation will affect the claims of the people who have a credit denominated in the Swiss franc
In the Polish Parliament, the works have begun on the amendment of the Civil Code in the scope of new limitation’s periods. The Act also gives courts the power to determine whether a consumer may plead the allegation of the claims’ limitation against entrepreneurs, for example against banks. More in Gazeta Prawna.
RODO: Officials will send information about personal data
In accordance with the EU Personal Data Protection Regulation (#RODO), each person has the right to request from the data controller to transfer, free of charge – also via e-mail – the copy of data that pertains to him or her. Gazeta Prawna writes about the potential impact of this provision on administrative proceedings.
MC: The draft law on the protection of personal data – ready and will change 40 acts
After the completion of public consultations and opinions, the draft act on the protection of personal data was sent to the Committee for European Affairs of the Council of Ministers. The project ensures effective application of the EU regulation 2016/679 (RODO) in Poland and includes amendments to 40 acts.
UOKiK has a whip on price collusion
The President of UOKiK announces the imposition of higher financial fines and a stricter approach to vertical agreements. Until now, UOKiK was relatively more understanding towards the latter. Rzeczpospolita writes about the priorities of UOKiK for 2018.
Ministry of Economic Development decapitates GDPR. New legislation provides weaker consumer protection then current one
Ministry of Digital Affairs is working on new personal data protection bill, by which most of polish firms won’t be obliged to inform customers about terms of processing their personal data. More details in Dziennik Gazeta Prawna.
More certain non-cash payments. The EU exacerbates the penalties for phishing private data
The European Commission has adopted a draft of law introducing new regulations on the financial market. The EU directive introduces the uniform legal framework in terms of combating card crime and counterfeiting for all European Union countries. More about this topic in today’s Dziennik Gazeta Prawna.
Dr Gryszczyńska: there will be not criminal liability for illegal processing of personal data
The draft of the new law on the protection of personal data does not provide for penalties for the illegal processing of personal data. Due to the fact that the provisions of the old law penalising such practice will cease to apply on 25th May, the experts fear that their lack may cause an increase in cybercrime. We read about the details in portal: lex.pl.
Electronic payments will be safer – new government bill on payment services
On Tuesday the Government accepted the proposition of new Payment Services Act. New regulations are meant to increase security of electronic transactions, also cross-border ones – says “Rzeczpospolita”.
eCard and Dotpay will defer the payments
The payment companies eCard and Dotpay work on a project of introduction the deferred payment on the electronic services market. Thanks to this solution, the Poles will be able to pay for their online shopping even with a month delay. Puls Biznesu writes in detail.
GIODO will decide about validity of previous consents for processing of personal data
In following days GIODO (Inspector General for the Protection of Personal Data) shall settle if previously acquired consents for processing of personal data will be valid under new UE General Data Protection Regulation (GDPR). More details in Dziennik Gazeta Prawna.
How safe you prints are?
At the end of May, 2018, General Data Protection Regulation (GDPR) will come into force. Since cybercriminals can gain remote access to computers, no IT specialist or user underestimates safety of printing. More details in Puls Biznesu.
PiS (Law and Justice) concepts for overhauling consumer bankruptcy
The government is working on amendments to restore the patency of consumers bankruptcy, which can be declared by the debtor once per ten years. Read more in Rzeczpospolita.
Experts: two applications from Google Play impersonate Polish banks
Two dangerous applications appeared in the online shop “Google Play” which try to extract from users the access data to internet accounts in 14 Polish banks – the cyber-security experts warned on Monday.
The Supreme Court: the responsibility of the member of the management board in the insolvent limited liability company
Based on the latest resolution of Supreme Court, the member of the management board who assumes the function in the insolvent limited liability company, is liable for only these debts, which arose during his or her management. We read more:
The Court of Justice of the EU: Coty could prohibit the sale of its products on Amazon
The Court of Justice of the EU confirmed that the prohibitions of resale through online platforms of third parties e. g. Amazon are admissible in the network of selective distribution. More about this in:
Strasburg: Camera in the lecture hall infringes the privacy of the lecturer
European Court of Human Rights in its judgement of 28th November stated that placing the monitoring in lecture halls and in this way recording the course of lectures constituted the infringement of right to the privacy of lecturers.
Sequence of duties arising from GDPR
According to dr. Dominik Lubasz, editor of Comments to GDPR, without proper understanding of goals there is no chance to prepare properly for the introduction of GDPR. How to understand it’s logic, and how to schedule your duties to manage with implementation – author explains in his article on lex.pl.
Pole’s wage – confidential
Revealing information about salary is a infringement of personal interests – employers are bound to protect this information. From the other hand, among employees there is a tendency to unofficialy discuss their wages. Read more details in today’s Puls Biznesu.
UOKIK will be able to remove suspicious offers from the network
The officials will be able to order to remove the website addressed to the consumers from the network or to make changes of its content. New entitlements for UOKIK result from the regulation adopted by European Parliament.
Another step to PSD II. European Commission published the project of significant regulation
European Commission adopted the regulation implementing the Directive PSD2. On the basis of regulation, banks will have to provide the third parties with interface to accounts maintained by banks. We read about the details in portal: cashless.pl
Piebiak: we introduce a lot of breakthroughs into the civil procedure, one of them is the fight against frequent resort to courts
Ministry of Justice prepared the amendments to the Civil Procedure Code which involve, among others, new regulations concerning the choice of local jurisdiction of the court. As Łukasz Piebiak assures, deputy Minister of Justice, the reform is above all to speed up civil proceedings by restricting the possibility of so-called frequent resort to courts by the parties which is targeted at, among others, extending the duration of proceedings. Read more about this in: Dziennik Gazeta Prawna.
Court of Appeals: the execution of bank enforcement title interrupts the period of limitation, only when the bank is asserting the claim
The Court of Appeals in Gdańsk found that in the light of the actual jurisprudence, the purchaser of debts which is not a bank, cannot effectively refer to the interruption of limitation as a result of directing the bank enforcement title to execution. We read about the details in portal lex.pl.
EC fined the producers of auto parts for cartel agreement
On Wednesday European Commission imposed a fine of 34 million euro on five producers of auto parts for infringement of Union antitrust provisions. They created cartels in which they determined the prices of products.
Payment by card or telephone in any shop and office
The Ministry of Development is preparing a proposal for legislative amendment to the provisions regarding the development of electronic payment. All offices will be obliged to create the possibility to make payment or settle outstanding payments in a non-cash form. More in: Dziennik Gazeta Prawna.
You will be able to buy online in any EU country. There is an agreement on geo-blocking
The Member States and the most important EU institutions agreed on the plan of introduction a prohibition on geo-blocking in e-commerce, that is depending the sale on residence of the buyer. This agreement aims at ending the discrimination of consumers from certain regions of Europe.
The next step towards the implementation of PSD2
The work continues on the act implementing the directive PSD II to the Polish law. On the Government Legislation Centre’ s websites, the new documents appeared concerning the amendment to the act on payment services. The materials concern the Law Commission.
RODO will change many acts concerning public authorities
New law on the protection of personal data will change provisions in many acts significant for national bodies. Read more about this in portal lex.pl.
Consumer bankruptcy brings debt relief to business owners
In theory, using procedure of consumer bankruptcy in case of former entrepreneurs is difficult – but in practice over a half of these bankruptcies apply to those, who indebt themselves while running business. Read more about this topic in today’s Puls Biznesu.
Restructuring tourism no longer vaild
In Warsaw had place every-year congress of INSOL Europe – international association gathering professionals from bankruptcy and restructuring sector. Main topic was the planned directive of European Parliament and of the Council, primarily affecting area of prevention restructuring process. Read more in Dziennik Gazeta Prawna.
GDPR also means changes in e-privacy legislation
Present and biding EU Data Protection Directive is limited only to traditional telecom operators. New provisions are about to enhance this category to include all online services providers.
The cyber war goes on. Is an intelligent cloud the solution?
The Oracle company presented, functioning in the cloud, cyber security system, using artificial intelligence and machine learning. It analyses what happens in the company’s network, differentiates normal models of behaviour from anomalies, detects weaknesses of securities, attacks and prevents them. More on portal fintek.pl
Streżyńska: We want Facebook to be governed by Polish law
The Minister of Digitization – Anna Streżyńska proposed project of changes in amendment to the Act on Electronic Services. According to the proposal social portal – Facebook – would be governed by Polish law and would not separately block the accounts and the information posted there. Puls Biznesu writes in detail.
The data for algorithms in BIG Data also must be protected
Many start-ups offer services of analysis BIG Data based on algorithms using machine learning. To make analyses reliable, the data are essential: the more, the better. This raises the risk of data safety. Read more about this in portal: lex.pl.
Revealing data may harm the debtor
Ministry of Justice is working on new bill constituting National Register of Debtors. From internet-published register anyone will have a possibility to check entrepreneurs’ restructuring proposals, declarations of bankruptcy, and appeals for secondary insolvency proceedings with its adjudications. Read more in Puls Biznesu.
Access to bankruptcy proceedings files also via Internet
Ministry of Justice is planning to introduce new legislation on National Court Register, along with possibility to access bankruptcy proceedings files by Internet. Digitalisation of files is meant to ease court administration from issueing certified copies and documents.
PSP: BLIK został pierwszym niekartowym schematem płatniczym w Polsce
NBP wydał zgodę na prowadzenie systemu płatności mobilnych BLIK na podstawie znowelizowanych przepisów ustawy o usługach płatniczych. BLIK jest pierwszym niekartowym schematem płatniczym w rozumieniu tej ustawy. #platnoscimobilne #blik #uslugiplatnicze
Amendments caused by GDPR – what banks can expect?
Due to implementation of General Data Protection Regulation (GDPR) several legal acts shall be amended, including banking law. Read more about upcoming changes for banks on website poradyodo.pl
EC rate positively USA’s personal data transfer agreement
In opinion of EC personal data transfer agreement settled between USA and UE in 2016 is being implemented efficiently. European Commissioner for Justice, Consumers and Gender Equality Viera Jourova during inspection proposed several amendments to enhance safety of processing personal data. Read more about Comissioner’s postulates on portal lex.pl
Insurers put emphasis on personalized policies – new provisions regarding data protection may restrict it
New technologies cause that more and more insurance companies benefit from solutions which enable to deliver detailed information about the client. Thanks to this, these companies may create policy adjusted directly to the needs of client. However, this raises certain doubts in the context of implementation of the new act on the protection of personal data. Read more about this today in portal lex.pl.
Poles will log into administrative e-services of other EU countries using national login
As a result of tests led by EU, we will be able to settle official matters in EU countries without necessity to visit certain country. Online access to public portals in EU countries is to be made available as from the September of the following year.
Commercial courts are coming back
Commercial procedure shall be reintroduced to judiciary system – with heavier restrictions about participants, and maximally shortened procedure. More details in portal lex.pl
Marketing, press, TV under observation of Office of Consumer and Commercial Protection (UOKiK)
UOKiK does a reaserch on marketing market to evaluate structure and diagnose the level of concentration. This is a part of larger research on media branch conducted by UOKik. Read more in today’s Dziennika Gazeta Prawna.
Office of Competition and Consumer Protection (UOKiK) shall hit Allegro
For a long time UOKiK took Allegro over investigation for unlawful privilege for its own online shop. President of UOKiK announced in today’s Rzeczpospolita, that market and millions of Allegro user may expect the major decision.
Processor will take responsibility for the data
Data administrators may demandl compatibility of software with #GDPR from IT solution providers. Following new General Data Protection Regulation every processing of personal data should be goverened by act or other legal provision. Read more in today’s Puls Biznesu.
Government will change the Labour Code
Revolution in vacations and salaries. Work on new governmental changes in Labour Code are in progress Ministry of Labour reveals some of – in its opinion – revolutionary solutions that are about to fix labour law system.
Personal data protection: „Clause Hunters” starts the chase for entrepreneurs
As an effect of new legislation on personal data protection, the entrepreneurs are afraid of firms specialised in blackmailing for personal data protection breaches. Sanctions for violating this law could reach even dozens mln of złoty. Read more in today’s Gazeta Prawna.
New Partner in DJP!
We are gladly announce that at 1st of October mec. Agata Durczyńska, who’s the member of our team for over 10 years, has advanced to the circle of DJP Partners! In her practice mec. Durczyńska specialise in court disputes, commercial contracts, M&A transactions , and also in restructuring and bankruptcy. We believe, that mec. Durczyńska as a new Partner will boost development of our Law Firm, and we wish her all further success!
General Inspector for Personal Data Protection criticises bill of personal data legislation
Project of new legislation on personal data protection presented on Wednesday’s parliamentary comitee brings serious doubts about independence of data protection office.
Under pressure of UE Google introduces changes
Threatened by severe fines, Google decided to abandon his competition limiting policies, and bring necessary changes in his comparision shopping browser. The move is an aswer for EC order to withraw law-breaking actions, although the company appealed to the Court of Justice of EU.
Fines for governmental bureaus, hospitals and universties – Paweł Litwiński about personal data protection in public sector
One of the most interesting aspects of #GDPR are fines for the breach of regulation – in amount, or as a percentage of turnover. Fines will be applied both for private and public sector. What will be the rules of punishing public entities? Text by Paweł Litwiński, member of Council of Digitalisation in Ministry of Digitalization in today’s Rzeczpospolita.
Victims of bid rigging can go to court
Participants of cartel shares joint and several liability for the damage, but small and medium companies are usually discharged. Damages claim can be raised by everybody, who suffered a damage in result of conspiracy, but estimating the amount could be a challenge. Today’s Puls Biznesu explains possibilities based on new legislation on claims.
About tools included into this act we can also read in mec. Łukasz Doktór text, who’s trying to anwer if new legislation really brings new perspectives to the entrepreneurs.
CCTV no longer for employee surveillance
New bill of provisions implementing Personal Data Protection Act has many sectoral rules, also related to labour law. CCTV shall no longer can be used for monitoring if employee performs his duties correct. Topic brought by Rzeczpospolita.
Pirates are expected to disappear from Chomikuj.pl
Service for storing files – Chomikuj.pl is not only to monitor the network and eliminate illegal film copies, but also to delete accounts of users who placed them on website.
VAT: divided payment, deteriorated liquidity
VAT taxpayers will settle taxes by double accounts. One of them will be used for settlements with the treasury. Such system aims at preventing tax extortions. This amendment should apply from April of the next year.
Kawecki: In privacy protection, swiftness matters. For Poles it’s more important that amount of fines.
“In spite of appearances, Poles care more about swiftness of protection than amount of penalty for the violation” says dr Maciej Kawecki in today’s inerview for Dziennik Gazeta Prawna about project of provisions adapting Polish law to upcoming #RODO
Inspector General for the Protection of Personal Daa (GIODO): PESEL database must be better protected
GIODO’s control reaveled, that Ministry of Digital Affairs – as the administrator of data in #PESEL register – has breached regulations for personal data protection.
Office for Competition and Consumer Protection (UOKiK) leniant for entrepreuers
In first half of this year #UOKiK fined only 23 entrepreuers (for the total amount of 2,8 million zl) for violating consumer’s interest, abusing for a dominant position and participating in prohibited agreements. About implementation strategy of hard methods, adopted late last year, inform #Puls Biznesu.
EC wants to block Bayern’s takeover of Monsanto
Upcoming acquisition of Monsanto by Bayer raises doubts for the European Commision. Approval must also be granted by USA anti-monopoly office. It promises to be one of the largest mergers on chemistry global market.
Social campaign “Pottentialy unSafe” targeted on business is launched
“Pottentialy unSafe” is the new edition of educational campaign for the entrepreneurs, focused o preparations to new legislation on personal data. Honorary patronage is held by The Ministry of Digital Affairs and the campaign is conducted by “Knowledge is the Security” Foundation. Marcin Zadrożny, the press spokesman of foundation explains main ideas and goals of the movement.
Court of Justice of EU: Intel’s billion fine repealed
Court of Justice of EU has repealed Intel’s antitrust fine for abuse of dominant position on processor market. The main justification of repeal was Court’s ommision of Intel’s plea on as-efficient-test conducted by EU Comission. The topic is brought by Rzeczpospolita. #competitionlaw
Personal Data: New inspectors no longer will provide for dozens of companies
Inspectors for the protection of personal data will still have a possibility to be appointed by few different entrepreneurs. By several dozens – not anymore, GIODO says. The interpretation by General Inspector for the Protection of Personal Data (pl. GIODO) is presented by Slawomir Wikariak in today’s Gazeta Prawna.
UOKiK will coach on competition law in tenders
Office of Competition and Consumer (pl. UOKiK) officialy has launched an e-learning platform about the major issues of illegal arrangements in tenders. Will this new tool boost the exposure of unlawful competitive practices?
Major update in IT regulations approaches
Legislators are preparing several significant changes in IT law. Read the recap of the most important ones in today’s lex.pl.
How to defend yourself against telemarketing?
Although everybody has the right to wipe out his personal data from telemarketers’ database, some companies disobey. Today’s Rzeczpospolita about legal basis for customers, who want to avoid insistant telesellers phone calls. #privacy #dataprotection
Four advantages of the new EU Data Protection Regulation
Person who has suffered a data leak will has the right to compensation for damages resulting from breach of the data protection rules. Positive aspects of introducing #RODO for consumers are commented by legal counsel Maciej Gawronski.
What will be the responsibility of the data protection supervisor?
One of the basic changes in the implementation of #RODO is the replacement the data security administrator by the data protection supervisor. What responsibility will be imposed by the new functions? Wlodzimierz Dola concludes.
Is the Efficiency Directive hope for the antitrust law?
The European Commission presented the project of a directive coordinating the actions of national competition authorities. The aim is to improve effectiveness of the application of EU competition law. Brief explanation of the project’s assumptions is in:
Personal data are still not being protected
The results of the research made by AIIM International indicate that most of the surveyed companies are not prepared for the entry into force a #RODO. Rzeczpospolita gives details.
Opening of the restructuring is too easy
The number of open restructuring proceedings increased in the first half of the year. How does the new restructuring law work in practice? Isn’t it abused? Wojciech Bokina comments in Puls Biznesu
Lukasz Piebiak about plans to reform the Code of Civil Procedure
New legislation on personal data protection vs. video identity verification in banking
New legislation on personal data protection vs. video identity verification in banking – Gracjan Pietras’ summary is the topic of the day on PRNews.pl!
Will Polish Government expropriate IT companies?
Will Polish Government expropriate IT companies?
Upcoming changes brought by the judiciary reform are a possible threat to IT solution providers – read more in a new iMagazine article by Gracjan Pietras .
Legal Education Patron 2017 Awards
We’re proud that our law firm has been awarded with the title of Legal Education Patron by European Law Student’s Assoctiation, for a great input in development of academical legal education in Poland! Our law firm is long-time Pro Bono Partner of ELSA Poland. We’re glad for the possibility of supporting young lawyers in advancing their competences.
Private enforcement – the new act, but (rather) not the breakthrough
Is the new legislation on pursuing competition law claims really providing a new perspectives for business? Read more in Łukasz Doktór new article! (text in Polish)
New article in iMagazineread
Recrutiment process in progress
The firm DOKTÓR JERSZYŃSKI PIETRAS Adwokaci i Radcowie Prawni Sp.p. is looking for a candidate for a post of junior associate
New article in iMagazine
New article in iMagazine
DJP as Pro Bono Partner
The firm once again became the Pro Bono Partner of the European Law Students’ Association (ELSA Poland).
New advocate in DJP team
We are pleased to announce that the DJP team has been joined by Mr Jacek Tuśnio, an advocate, specializing in civil proceedings, labour law and corporate law.
DJP as a Legal Education Partner
We are pleased to announce that on 27 June 2016 DJP was awarded for the second time as a Legal Education Patron by the European Law Students Association (ELSA Poland)
Award for DJP trainees in Lewiatan Arbitration Moot
We are pleased to inform that a team involving DJP trainees Adriana Palczewska and Maciej Rzepka took the 2nd place in the category „Best statement of defence” in Lewiatan Arbitration Moot 2016, organized by the Court of Arbitration at Confederation Lewiatan.
New trainee advocate in DJP team
We are pleased to announce that the DJP team has been joined by Ms. Magdalena Jezierska, a trainee advocate, specializing in corporate law and litigation.
DJP become a partner of the 1st National Conference „Labour in Practice”
We have a pleasure to inform that DJP become a partner of the 1st National Conference “Labour in practice” Labour in Practice”e organised by European Law Students Association. The conference will take place on June 3rd in Polish Academy of Sciences. Mr. Jarosław Jerszyński will participate in the conference, where he will hold a lecture on theoretical and practical aspect of the agreements concluded with the trainees. “
Recruitment process in progress
The firm DOKTÓR JERSZYŃSKI PIETRAS Adwokaci i Radcowie Prawni Sp.p. is looking for a candidate for a post of junior associate
Sale of 100% shares in Finder S.A.
December 2015 – execution of the agreement providing for the sale of 100% shares in Finder S.A. a leading supplier of telematic services in Poland, to TomTom Telematics B.V. The DJP (a team of lawyers led by advocate Łukasz Doktór) acted as leading legal counsel to the sellers process.
The sale agreement of the Second Coastal Missile Squadron
On 19 December 2014 Kongsberg Defence & Aerospace and Polish State Treasury – Ministry of National Defence entered into the sale agreement of the Second Coastal Missile Squadron. The team of DJP lawyers led by Mr. Gracjan Pietras advised the Norwergian supplier.
Acquisition of 100% shares in AutoGuard S.A.
September 2014 – Advising on structuring and execution of the acquisition of 100% shares in AutoGuard S.A. (a provider of telematics services) by Finder SA (a leader in this industry in Poland). The firm DJP (a team of lawyers led by advocate Łukasz Doktór) advised the buyer in entire transaction process, starting from due diligence, structuring the transaction , advising on financing the transaction and execution of the acquisition of shares)
DJP as Pro Bono Partner
The firm became the Pro Bono Partner of the European Law Students’ Association (ELSA Poland).