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The situation of lessees and tenants in execution and bankruptcy proceedings
If execution or bankruptcy proceedings are commenced against the owner of leased or tenanted real estate, the lease or tenancy contract may be terminated early by the administrator or trustee. Rent paid in advance may then be deemed ineffective. How should lessees and tenants protect themselves when entering into a contract with an owner in poor financial condition?
Marketing communications to individuals: What’s the story with consent?
Most businesses react nervously when they hear the letters “GDPR,” as in their view the regulation gets in the way of performing their day-to-day work, particularly marketing. At the same time, many businesses get lost in the tangle of regulations they are supposed to follow if they wish to lawfully direct marketing communications to individuals. What issues cause them the most difficulty?
GDPR-compliant websites
Ensuring the transparency of websites is vital from the perspective of the GDPR. Persons entering a website must be aware of how their personal data will be processed on the site and for what purpose.
Fines for installing cookies without the user’s consent
Cookies and similar technologies are commonly used marketing tools enabling optimisation of marketing campaigns and more effective targeting of customers. So it comes as no surprise that it’s hard to find a website without a popup window informing users that the site uses cookies, referring the user to the privacy policy and cookies policy for more information. Interestingly, a great majority of these messages are themselves inconsistent with the applicable regulations on data protection, telecommunications, and electronic services.
Can an epidemic excuse late performance of a contract?
The simplest answer is “it depends”—primarily on the specific clauses included in the contract and the governing law. This issue is worth considering under Polish law, because economic globalisation means that factory closings in China could also disrupt supply chains in Poland.
Denial of entry is just the start of problems
Perpetrators of border offences aren’t all human traffickers or smugglers of goods. Increasingly they are citizens of third countries wishing to travel around the EU for study, work, or tourism. To facilitate obtaining a visa or an extension of their stay, they may use the services of intermediaries who don’t always operate lawfully. Visitors risk a lot this way. If the Border Guard finds that a passport or visa is falsified, the holder may not only be denied entry into an EU member state, but may also be convicted of a criminal offence and have their details entered in registers, hindering future travel in the Schengen zone. How can travellers defend themselves in this situation?
Italian court says Facebook isn’t free
An interesting ruling has been handed down in Italy in a case involving Facebook’s violation of the collective interests of consumers and data protection. The court held, contrary to common opinion and the social media site itself, that Facebook is not free.
Professional footballers receive meaningful support in collecting outstanding wages
FIFPro and FIFA have launched a guarantee fund securing the payment of salaries to players unable to enforce judgments against their football clubs. This approach would also be helpful in other sports, as there are growing calls for support for professionals in their dealings with teams and sports federations.
European Commission tightens the use of CPV codes
A numbering system known as Common Procurement Vocabulary (CPV) codes has been in force across the EU since 2008. The system was designed to identify the subject matter of public contracts in various member states and thus encourage contractors from throughout the EU to bid in tenders of interest to them. For years the CPV codes fulfilled this role, but recently it was noted that contracting authorities were increasingly assigning erroneous CPV codes to contracts. Thus the European Commission decided to tighten the CPV code system. Contract announcements assigning erroneous codes will no longer be published on the TED platform (Tenders Electronic Daily supplement to the Official Journal of the EU).
Paperless securities
The end of 2019 was a kind of a caesura in the legislative process of abandoning the physical document as a carrier of securities used to raise finance on capital markets. Bonds, investment certificates, mortgage bonds, shares and subscription warrants have either bid farewell, or will soon do so to the physical document as a carrier.