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The end of greenwashing in the EU?
Nearly two years after publication of the European Commission’s proposal, the Greenwashing Directive came into force on 26 March 2024. The main objective of the changes is to protect consumers from deceptive commercial practices.
Practical aspects of the constitutional crisis in Poland
The dispute over the Polish Constitutional Tribunal is ongoing and escalating. Even suggesting that the Constitutional Tribunal still exists and functions in Poland is risky, as it can be seen as taking sides in the dispute. The tribunal has recently dealt with politically charged cases, but a ruling handed down on 8 May 2024 was apolitical and resolved a nagging issue that had been on the tribunal’s docket for years.
News from Poland—Business & Law: demerger by spin-off
In the newest episode of News from Poland, Piotr Ząbkiewicz from the firm's M&A Practice, discusses a new, useful type of company division: the demerger by spin-off.
The Polish competition authority’s new guidance on antitrust fines
The Office of Competition and Consumer Protection has published new guidelines on the methodology for calculating fines for anticompetitive practices. The main objective is to bring the regulator’s practice into line with the recent amendments to the Competition and Consumer Protection Act, e.g. regarding fines for parent companies and consideration of the adequacy of the fine. But there are other changes as well, and some of them raise concerns.
Q&A: Poland’s deposit-refund scheme
Poland is relatively late in establishing a deposit-refund system for beverage containers. After many years of pronouncements by politicians, the act did not enter into force until 13 October 2023. Functioning of the scheme is set to launch on 1 January 2025, leaving little time for businesses to prepare. But questions remain whether the system will start working as the parliament expected on the designated date.
How could the Packaging and Packaging Waste Regulation change the economy?
EU member states’ tardiness in implementing environmental directives has consequences. It has led to a proposal of an EU regulation on packaging and packaging waste, to harmonise the internal market and eliminate the overproduction of packaging waste in the European Union. This article discusses certain aspects of the proposal that could significantly affect both businesses and consumers.
Investments and Investment Aims of the Three Sees Initiative Investment Fund
The Three Seas Initiative (“3SI”) is a regional cooperation initiative lunched in 2015 by presidents of Poland and Croatia. Currently, its members are the 13 member states situated between the Adriatic, Baltic, and Black Seas. In 2019, the Three Seas Initiative Investment Fund (“3SIIF”) was launched. It will invest in projects related to energy, transportation, and digital infrastructure to strengthen economic ties and reduce development disparities within the region. Fund members committed to invest at least EUR 913 million.
Pseudonymisation of data in clinical trials and its implications for sponsors
In clinical trials, a standard practice is that the sponsor, i.e. the entity responsible for undertaking the clinical trial, managing it and arranging for its funding, does not have access to data directly identifying the study participants. Typically, the patients’ data reach the sponsor in pseudonymised form. Thus sometimes sponsors assume that since they are only processing pseudonymised data of clinical trial participants, they are not subject to the GDPR. Nothing could be further from the truth. Indeed, pseudonymisation poses additional challenges for sponsors as data controllers.
New automotive emissions reduction targets: Which vehicles will they cover?
The ambitious climate targets adopted by the European Union at the 21st United Nations Climate Change Conference in 2015 (the Paris Agreement) require decisive action across many sectors of the economy. The automotive industry will not be spared, and will soon be subject to a series of new regulations.
Towards a Polish roadmap for sustainable finance
Sustainable finance is an approach that links financial issues with care for the environment, society, and corporate ethics. In Poland, the development of sustainable finance will continue to be handled by the Sustainable Finance Platform.
