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Moratorium on the filing of bankruptcy declarations
The pandemic impacted a number of businesses in Poland. To prevent some of its negative consequences a moratorium on the filing of bankruptcy declarations was introduced in Polish law on 13 April 2020.
News from Poland—Business & Law, Episode 13 (part 1): interrogation of a foreigner as a witness
This time Stanisław Drozd and Konrad Grotowski explain what to expect if you are a foreigner testifying as a witness before the Polish civil court. The second part of the film will be published in January next year.
Are you drafting a whistleblowing policy? Don’t forget about personal data
Work is underway on a bill implementing the EU’s Whistleblower Directive (2019/1937). It is not yet clear whether the directive will be implemented into Polish law on time (by 17 December 2021), but many companies are already drafting the necessary documents and organisational procedures.
Penalties for failure to transfer Passenger Name Record data
According to recent press reports, as many as 210 air carriers that operated air transport on routes to and from Poland in 2018 may be fined for breach of the Passenger Name Record Data Processing Act. In just four months (June–September 2021), the commander-in-chief of the Border Guard instituted some 17,000 proceedings against them seeking to impose administrative penalties, exposing them to fines that could total as high as PLN 640 million. Given that between 2018 and 2020 there were nearly 940,000 passenger-related flight operations (on both domestic and international routes) in Poland, this may represent just the tip of the iceberg.
News from Poland—Business & Law, Episode 12: receivables as an asset and opportunity
Daniel Smarduch discusses the transactions involving receivables from the Polish perspective. Receivables as an asset are present everywhere in the business world. This asset could be a problem for some, but at the same time an investment opportunity for others.
Date of entry into force of the new Developers Act and transitional provisions
Analysis of the transitional provisions of the new Developers Act is complicated and unfortunately does not lead to unequivocal conclusions. Indeed, we believe these provisions should be amended immediately to remove doubts, so that developers can prepare for application of the new law and avoid litigation in the future.
The new Developers Act: What will change?
During the decade after the current Developers Act entered into force in Poland, it was repeatedly argued that its provisions were vague or diverged from the market reality, so that the act did not live up to the hopes placed in it. As a result, in the last few years, work was undertaken to introduce a new law to fill the existing gaps and, above all, provide greater protection for buyers of residential units and single-family houses.
News from Poland—Business & Law, Episode 11: binding instructions in holding law
Aleksandra Drożdż explains the liability for binding instructions that the parent company will be able to issue to its subsidiaries under the proposed provisions of the holding law.
Tales from the National Appeal Chamber: Grave professional misconduct must be caused by the contractor
When filling in the European Single Procurement Document (ESPD) form, contractors must answer the question whether they have committed grave professional misconduct while performing previous contracts. This question is closely correlated with the condition for exclusion under Art. 109(1)(5) of the Public Procurement Law, which specifies that this concerns violations that are serious and self-caused. Therefore, a contractor does not necessarily have to mention any and all delays or complications that occurred during the performance of previous contracts. In this context, an interesting ruling was issued by the National Appeal Chamber on 4 June 2021 (KIO 1087/21) indicating how this question from the ESPD form should be interpreted.
New quality in healthcare? The Ministry of Health proposes changes
On 22 July 2021, the Ministry of Health published a draft Act on Quality in Healthcare and Patient Safety. The stated purpose of the bill is to implement legal and organisational solutions to improve the quality of healthcare in a comprehensive and coordinated manner. What will change and to what extent?
